A Case for Non-Net-Neutrality
boyko.at.netqos writes "Network Performance Daily has an in-depth interview with Professor Christopher Yoo from Vanderbilt University Law School on his opposition to Net-Neutrality policies. While some might disagree with his opinions, he lays out the case for non-neutrality in an informed and informative manner. From the interview: 'Akamai is able to provide service with lower latency and higher quality service, because they distribute the content. This provides greater protection against DoS attacks. It's a local storage solution instead of creating additional bandwidth, and it's a really interesting solution. Here's the rub ... Akamai is a commercial service and is only available to people who are willing to pay for it. If CNN.com pays for it, and MSNBC.com does not, CNN.com will get better service.'"
Akamai is a distributed hosting service, not a common carrier.
This guy is seriously a professor?
All the start-ups have no chance.
Remember, no one hears you scream when you are being censored.
The whole Akamai argument is a great argument for a non-neutral except for the minor point that Akamai doesn't in any way violate net neutrality.
so I'd think that you'd be philosophically against the government stepping in to prevent what companies do with their own infrastructure.
It's not their own infrastructure. The internet "pipes" are layed on public property and has natural monopoly of service.
The free market requires multiple competing solutions. With giganting telecoms, and no competing choices, apparently the government steps in.
I think we all understand the desire for QoS application tagging, to support high bandwidth low latency streams. I think net neutrality folks would be willing to accept a compromise which allowed for a public QoS standard. The real issue is transparency and censorship.
I don't want a private company to have the power and the right to censor material I might want to download, simply because directing my browser somewhere else might generate them more advertising revenue. Further, I want QoS tagging and bandwidth limits public. The Professor really avoided the private censorship and public accountability issues.
Bad professor! No cookie for you.
Admittedly most of the common carriers you think about HAVE monopolies, but that's not the point.
I'm definitely for Net Neutrality - AND I'm moderately libertarian. But if you're going to HAVE a government issued monopoly - like EVERY DSL and Cable company does - then they need to be regulated to be fair about what they carry.
This is NOT about someone paying for their service to be extra fast. This is about forcible bundling by monopolies. This is about a company like AT&T deciding that they want to offer a movie download service and everyone else's is going to take 1000x as long as theirs to download.
Oh, and while we're on the topic, it should always be legal for a municipality to create a competing free highspeed (including WiFi) service if that's what the voting taxpayers want. Making money off your monopoly is NOT a right, it's a priviledge. It doesn't not overrule the responsibility of government to be for the people.
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Just because we tend towards libertarianism doesn't mean we're chumps. Many of us have also been around long enough to remember that at the core it isn't the company's infrastructure, it's the public's, developed and paid for with our tax dollars. We willingly pay every month to use an ISP's infrastructure to access this shared asset, but we aren't dumb enough to think that they own it, any more than we think the airlines own the sky.
Furthermore, there is a very real argument that breaking net neutrality will break the internet, and real net neutrality legislation makes as much sense as the laws against destroying roads or jamming radio waves.
And finally, libertarians don't (or shouldn't) intrinsically trust corporations (or, for that matter, their neighbors) any more than they trust the government. Having some corporation decide when and if my packets get through isn't somehow more acceptable than having China of the NSA do it. I pay to access the internet, and I expect exactly that.
--MarkusQ
well said and simply put.
There is a big difference between the free market where individuals and corporations may use their own property in order to make money and a common carrier that often relies on an exclusive license, either through licensed spectrum or license to lay physical cable across public rights of way in order to do its business. Both spectrum and rights of way across land are finite public resources which make a free market both practically impossible and the attempt to impose one undesirable. The public simply has a right to say how the publics' right of way is used and what benefits we expect in return. The essence of this artificial monopoly that common carriers are bestowed with is that rights of way are taken away from general public use in order to provide a necessary or good service that could otherwise not be provided.
Tending to view things with a view towards freedom, I do think there is a limit to what can be expected of a common carrier, but the fees which can be charged and to whom they can be charged are well within the publics right to dictate. And if the common carrier doesn't want to live by the rules, then they can take their cables up and make way for someone who will abide by the people's will. Really then it is simply a practical matter about what kind of rules will create a system which will be potentially rewarding enough for private corporations and individuals to risk investing in. There are also considerations about fairness and not changing the rules after investments have been made, but those are also risks that investors take when operating on the public right of way.
There is nothing inconsistent with libertarianism about understanding when government authority is needed and when it is not. Libertarianism is about maintaining good laws which are consistent with and are measured by how they promote individual freedom as a means to happiness, it is not about doing away with laws arbitrarily. The difference is that other political philosophies put other sometimes conflicting values equal to or above those, not that they do not also consider these as important values.
Net neutrality *actually* means everyone pays the same for net use, regardless of how much they use the net.
Net non-neutrality means people pay according to how much they use.
Two things:
1) AT&T sold me "unlimited internet access". If they wanted me to pay for how much I use, they should have specified that in the contract.
2) AT&T does not have a contract with Google and therefore has no real right to charge Google anything, since Google does not use their ISP service, I use it.
Or are you going to claim that if you have a Cingular cellphone and call a friend with a T-Mobile cellphone, then T-Mobile has the right to bill you an unspecified amount (say... $1000/minute, it's not like I have a contract letting me know how much I'm going to be billed for the call in advance) for the call in addition to what I paid Cingular?
If I have been able to see further than others, it is because I bought a pair of binoculars.
I don't know what this guy is pretending to be, a lawyer or a geek, but his arguments are all extremely uninformed.
... would allow a degree of non-neutrality" - there again, confusing anti-QoS with anti-vertical-monopoly (Net Neutrality); in fact, using "non-neutrality" as a synonym for QoS. It's not.
1) "The number of possible connections has gone up quadratically with the number of total users; so the Internet has become much more complex."
So? Is this a technological problem that is in any way related to the issue of Net-Neutrality? We seem to be handling this just fine at the moment, and if we run into problems we switch to IPv6, don't we?
2) People use different applications with different QoS needs. Providers should be allowed to provide priority to certain types of traffic.
Again, entirely unrelated to the issue of Net-Neutrality. You can get all sorts of QoS deals from ISPs, e.g. MPLS. The issue with Net-Neutrality is the ISP giving priority to their own traffic, so they gain an unnatural advantage over competing services not owned by the ISP - a vertical monopoly.
3) TCP/IP is obsolete, and companies should be allowed to experiment with protocols.
TCP/IP is not only working just fine, but it's adapted all the time. It's up to version 4, and IPv6 can be implemented by any one who chooses to. There are many protocols that use UDP over IP, and even many protocols that use IP, but neither TCP nor UDP. The past few years there have been many quiet revolutions in protocols; from dialling in using SLIP to PPP, to getting cable (docsis 1.0) to getting ADSL, then ADSL2+, p2p protocols like bittorrent emerging and chanching just about daily, people using VOIP, companies deploying VOIP on an enterprise scale (right down to global telecommunications giants switching to, egads no!, an all-IP backbone for voice).
Again, this has nothing to do with preventing vertical monopolies.
Then there are some things that just paint him as someone who has no idea what he's talking about..
How to achieve QoS? He points out that TCP (the obsolete protocol, mind you) has a Type of Service field! How ironic. Wasn't he argueing we need new protocols? Like, oh, I don't know, MPLS, which he seems to be unaware of? But then, he also seems to be under the impression that you can't choose between ISPs that offer different levels of QoS, which is patently untrue. (Nor would they not be allowed to exist if we had Net Neutrality. They just would be forced to be fair)
Then he goes on to say Akamai (not an internet service provider, not engaging much in vertical monopolies) is "an entirely different architecture". No it's not, they use DNS and obsolete TCP just like anybody else. There is nothing at all new about this architecture, mind you - in fact, it's pretty much what usenet does. We used to call sites with content closer to you "mirrors". The only nifty thing akamai adds is redirecting you to the nearest host on the DNS level. Oh, in fact, DNS root servers do the same thing on a BGP level even. And they also cache their zones. Still neutral, though.
"deep packet inspections
Oh, and the question about neutrality? Who controls the QoS, in his grand vision? He doesn't even answer it.
If you want to be anti-Net-Neutrality, fine, argue that vertical monopolies are good, or that vertical monopolies won't happen, or that Net-Neutrality laws wouldn't be effective. Don't bring up straw man arguments.
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