On Entangling and Testing Net Neutrality

P3titPrince writes "In an NYT op-ed today, Timothy B. Lee argues that legislation specifically guaranteeing Net Neutrality would in fact be less effective than just allowing the status quo." From the article: "It's tempting to believe that government regulation of the Internet would be more consumer-friendly; history and economics suggest otherwise. The reason is simple: a regulated industry has a far larger stake in regulatory decisions than any other group in society. As a result, regulated companies spend lavishly on lobbyists and lawyers and, over time, turn the regulatory process to their advantage. Economists have dubbed this process 'regulatory capture,' and they can point to plenty of examples. The airline industry was a cozy cartel before being deregulated in the 1970's. Today, government regulation of cable television is the primary obstacle to competition." Relatedly, winnabago writes "Computerworld reports on a potential method for testing a net connection for neutrality. Somewhat similar to Traceroute, the software uses spoof packets that appear to be from a potentially throttled source and compares the transmission time to that of neutral traffic."

Comments

Spoofing and net neutrality

[Rob T Firefly]

Somewhat similar to Traceroute, the software uses spoof packets that appear to be from a potentially throttled source and compares the transmission time to that of neutral traffic.

This brings forth a very serious issue I haven't seen brought up elsewhere.. if net neutrality does get squashed, how much of a serious crime will something like this be? If we move to a tiered Internet, how many huge companies (and their respective purchased government officials) will cry "fraud" every time someone dares to make a packet appear as though it came from a higher tier? The mind boggles.

Ummm... no...

[sterno]

The reason is simple: a regulated industry has a far larger stake in regulatory decisions than any other group in society. As a result, regulated companies spend lavishly on lobbyists and lawyers and, over time, turn the regulatory process to their advantage.

That's EXACTLY what's already happening. The telecom companies have long been doing this and the whole net neutrality discussion is being prompted by those same telecom companies wanting to loosen the rules (you know, using their lobbyists to get favorable regulation). Further, I would argue that the return on investment from lobbying is so large that any business of sufficient size will invest heavily in lobbyists. They'd be dumb not to.

Net Neutality needs to happen before we give the telecom companies any more leighway in other areas. The reason is simple. If we do not do this, then if we find that we need to impose it after the fact, they will have already invested billions in business built around the new regulatory structure. At that point, they can legitimately claim it would be expensive and onerous to do it. Today, if we put this regulation in, it doesn't fundamentally change the nature of the network they already have.

Obvious

[Kelz]

These people are just stating the obvious. Very rarely will government regulation have any good effect in the long term; it just slows down innovation and takes years to go away.

Do YOU trust your congressman to not just create a huge beauracracy, with new laws being stuck on whenever they want to "protect the children/fight terrorism".

Congress is involved, remember.

[krell]

The net-neutrality legislation might actually make the problem worse. But at least it bans flag-burning, provides federal funding for Air America, declares Feb. 13 to be "National Nathaniel Hawthorne Awareness Day", and pays for 6 years of new shoes for Sen. Harkin! That's what counts the most.

Net neutrality, rah, rah, bah, humbug

[Anonymous Coward]

You know, I'm for net neutrality, the way I'm for world peace, ending world hunger, and all that stuff -- in the abstract.

At the risk of invoking Godwin's Law, I'm sure Osama Bin Laden is for world peace, too -- but I doubt when I speak of world peace I envision the same thing. Or rather, if everyone could agree on a common vision of world peace, we'd have achieved it, we do not have world peace precisely because while everyone might claim to be for world peace, everyone has different views on what that means.

So of course everyone is for net neutrality -- people running around going "Oh noez, big companies are going to take away our freedoms! You're not against freedom, are you?" People running around going "Equality! Neutrality! Freedom!" etc. Of course no one is going to say they're against those things.

But... how do you expect to legistlate or regulate such things if you can't get a concrete definition?

Does net neutrality mean that ATM and frame-relay QoS services go away? (I know of some ISPs who bought frame relay circuits with lots of CIR, and of ISPs who bought frame circuits with virtually 0 CIR -- I know whose traffic has priority on the network (to those who think the net today is neutral -- HAH!))

What about equal access to colocation facilities? Who gets to go in and play with the wires? Be kind of annoying to find out some no-name company registered in another country has 'accidently' attached something to your physical connection... I know of colocations where you can't go without a union guy around, and facilities where techs would refuse to go at night without an armed escort. Someone going to pay for those things for the little guys so everyone is 'equal' and 'neutral'?

Equal opportunities to build network gear? I mean, should that start up being able to stick in custom gear into a colocation whenever they want, or do we want to have some testing first to make sure it's not going to catch fire?

Handicap access? Should we treat everyone's network connection the exact same in terms of QoS, or lack of QoS? Should we have 'equal treatment' in a technical sense, or make sure everyone has 'equal access' to services?

We could just shutdown the Internet completely -- that would be 'equal' and 'net neutral' to everyone. Sort of like Armeggedon would result in world peace after everyone is dead. Certainly satisfies the requirements... right?

Sure, it benefits folks in more affluent urban areas to suggest opening up the 'last mile' (sic), because perhaps the local governments could afford to maintain the last mile (or half mile, or wireless, etc.) Of course, if someone is living in a rural area (like, say, in the Appalachia, where mountains and valleys make wireless a bit iffy) where the 'last mile' might be more like the last five miles... Well! I suspect in those areas there are phone companies that would be thrilled to dump non-profitable infrastructure maintainenance on small rural governments.

Let's hash out some *real* policy details -- starting from the hardware, physical network deployments, physical network operations and maintenance, and working our way up. Let's see how long 'everyone' (sic) is for 'net neutrality' (sic). What is it? How will one test for it? How will one measure it? How will one enforce it?

But, be assured, I am quite for net neutrality, net freedom, and all that stuff. Like world peace. Of course, if I could implement net neutrality the way *I* want it... a lot of you might start the massive whining. For those reasons, I an quite against any legistlation for net neutrality until someone offers a real policy plan -- realistically, the network will never be perfectly neutral. The question is where can we get agreements on what will have to be compromised on (security/reliability of facilities/infrastructure vs. ability to innovate and deploy, emergency services vs. every day use, handicap access vs. 'normal' access, rural low density connectivity vs. urban high density areas vs. access costs vs. maintenance/opex, etc.)

I don't see much policy, mostly I see whining.

Bring on the test!

[Valley Redneck]

Talk about being able to punish bad actors. If this research leads to a little GUI desktop app that tells what packets your ISP is throttling and how much, bad actors will have nowhere to hide. Geeks everywhere will blog the offenders into submission, and "Cable Modems w/no throttling!" suddenly becomes a very nice selling point. Wish I could have made it to Black Hat...

Drug war.

[Ungrounded Lightning]

Doesn't make it right, but I'd like to see them jail every internet user on the planet when they all do the same thing.

Back in the '60s a lot of people thought the solution to the drug laws was civil disobedience - lots of people buying and using drugs clogging the legal system, forcing the government to throw in the towel.

You can see how well THAT worked.