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Lessig On Net Neutrality

nanojath writes "Lessig delivers the final word on net neutrality. Read it 5 times to absorb the densest, most content-rich pronouncement that Wired will deliver in 2007." From the article: "Those who oppose network-neutrality regulation should also oppose... regulation of [municipal broadband,] last-mile broadband's most important competitor. Municipal competition won't kill commercial broadband any more than Linux has killed Windows. Yet it could change the business model of last-mile broadband, just as Linux has changed the business model of Microsoft. If there's going to be a Linux-like miracle to counteract innovation-threatening broadband business models, then, at a minimum, miracles must not be a crime."

101 comments

  1. Reluctant regulator here... by Qzukk · · Score: 4, Insightful

    I'll give up on regulation banning network neutrality when the telcos and cablecos would give up on their regulations and contracts that ban other people from competing against their monopoly.

    --
    If I have been able to see further than others, it is because I bought a pair of binoculars.
    1. Re:Reluctant regulator here... by Anonymous Coward · · Score: 0

      Don't forget the cities (and maybe the cableco is responsible as well) who keep third parties from providing IP based television services. I know TDS Metrocom wanted to provide this and the CITY said they couldn't, nor could they allow it b/c of some agreement with the cable company.

    2. Re:Reluctant regulator here... by Anonymous Coward · · Score: 0

      I'll give up on regulation banning network neutrality

      So, you mean you would like regulations that ban NN?

      I think AT&T may have some openings...

    3. Re:Reluctant regulator here... by Qzukk · · Score: 1

      Arrr, thats what I get for trying to cram in one last post before heading out into the cold, cruel night, and now my karma's gonna burn, burn, burn.

      What I meant was

      "I'll give up on regulation banning non-neutrality if telcos and cablecos give up on their contracts and regulations protecting their precious monopoly."

      --
      If I have been able to see further than others, it is because I bought a pair of binoculars.
    4. Re:Reluctant regulator here... by Qzukk · · Score: 2, Interesting

      nor could they allow it b/c of some agreement with the cable company.

      Yes, these are the contracts and regulations I spoke of. Listening to the telcos and cablecos whine about them is amusing, and reminds me of my childhood: When I was a wee lad, my father would take my icecream and start eating it, all the while making a great theatrical performance of "Eww! Disgusting! This stuff is terrible! You can't eat this, it's nasty! I guess I'm going to have to suffer through it since we can't throw out food."

      I didn't buy it as a kid, and I'm no stupider now than then. Regardless of how much they publicly whine about how horribly onerous it is for them to take money from subscribers no matter where in the city they are, deep down inside, I'm sure they think that having unused lines to slums with $50/mo cable is far superior to having Slum-o-vision move in and undercut them with $20/mo cable.

      --
      If I have been able to see further than others, it is because I bought a pair of binoculars.
    5. Re:Reluctant regulator here... by slysithesuperspy · · Score: 1

      I'd support regulation when two wrongs make a right.

  2. Read it 5 times... by Anonymous Coward · · Score: 0, Offtopic
    Read it 5 times to absorb the densest, most content-rich pronouncement that Wired will deliver in 2007.

    This is a dupe, right? I know I've seen it before and can't imagine where else I might have seen it linked. I was going to make a sneering "Well, I'm reading it now for the 2nd time..." but I can't find the first one and figured I'd ask instead.

    1. Re:Read it 5 times... by strider44 · · Score: 1

      It definitely hasn't been on Slashdot before ... Do you happen to read Wired?

    2. Re:Read it 5 times... by SeaFox · · Score: 1
      It definitely hasn't been on Slashdot before

      Don't work, that will change soon enough. I'm sure this wont be the last time we read the "last word".
    3. Re:Read it 5 times... by SeaFox · · Score: 1
      Don't work,

      *Don't worry. (Stupid spell-checker)
  3. i'm worried by User+956 · · Score: 4, Funny

    Read it 5 times to absorb the densest, most content-rich pronouncement that Wired will deliver

    I'm pretty sure that if it's as dense as you say it is, it's going to clog the tubes on the way over here. Kind of like when I eat too much fiber, if you know what I mean.

    --
    The theory of relativity doesn't work right in Arkansas.
    1. Re:i'm worried by gardyloo · · Score: 1

      Maybe. On the other hand, Wired is filled with stuff like "Wired, Tired, Expired". Surely vapid crap like that has got to loosen up the tubes somehow.

    2. Re:i'm worried by Dachannien · · Score: 1

      I'm pretty sure that if it's as dense as you say it is, it's going to clog the tubes on the way over here. Kind of like when I eat too much fiber, if you know what I mean.

      Grape Nuts: Cereal for nerds. Shit that matters.

    3. Re:i'm worried by SP33doh · · Score: 3, Informative

      wait, I thought fiber prevented constipation.

    4. Re:i'm worried by mackyrae · · Score: 1

      It does.

      --
      look! it's a bird, it's a plane, it's....a girl? yes, a girl browsing Slashdot on Linux
    5. Re:i'm worried by that+this+is+not+und · · Score: 1

      Wired has been Tired and Expired from day one, when they tried to be a slick commercial clone of Mondo 2000 and failed, instead becoming an ugly mawkish parody.

  4. Microsoft? by Intron · · Score: 0

    Lessig sounds like the typical poster here. When looking for an example, bash MS.

    For telecom companies acting like predators you don't have to go that far. AT&T was the original giant monopoly that had to be broken up by the feds for stifling competition. They owned the network, the equipment, all services, support, even the phone books.

    --
    Intron: the portion of DNA which expresses nothing useful.
    1. Re:Microsoft? by Anonymous Coward · · Score: 3, Interesting

      They owned the network, the equipment, all services, support, even the phone books.

      And after the stupid breakup, they still did, except they were called baby bells and they only ruled particular states. Didn't like the service in Florida? Well, I hear New Mexico is a great place to retire.

      Didn't help customers one bit. Hey, that sounds just like the MS antitrust trial. Oh wait, did I just bash MS?

    2. Re:Microsoft? by Anonymous Coward · · Score: 2, Funny

      It's like I always say: You know what the worst thing about Microsoft bashing is? IT'S ALL TRUE.

    3. Re:Microsoft? by gravesb · · Score: 1

      Actually, it helped customers quite a bit. Instead of having to rent rotary phones from AT&T, you can buy cheap cordless phones from Walmart. You are right, the carrier service was stagnant for awhile, but all of the other things that AT&T had locked down opened up.

      --
      http://bgcommonsense.blogspot.com
    4. Re:Microsoft? by dpilot · · Score: 1

      Wish I still had some mod points left, but I used them up earlier today.

      I won't go so far as to say ALL Microsoft bashing is true, but I've certainly seen enough well-researched information to know that a LOT of the Microsoft bashing IS true.

      --
      The living have better things to do than to continue hating the dead.
    5. Re:Microsoft? by Simon80 · · Score: 2, Informative

      You're the one who's grasping at straws here (for an example of needless MS bashing), not him. Did you miss the fact that Lawrence Lessig was part of the group of regulators that decided what to do about Microsoft's monopoly abuse? This wasn't needless MS bashing, it was a comparison between that regulation situation and the current regulation issue with broadband telecoms.

    6. Re:Microsoft? by Mr.+Underbridge · · Score: 2, Insightful

      Lessig sounds like the typical poster here. When looking for an example, bash MS.

      Reading comprehension, dammit. He said:

      1) he was someone who was only "reluctantly" on the side of the regulators;
      2) Apple and IBM would have done the same thing if they could;
      3) OS's inherently drive toward monopolization for standardization; and
      4) it's natural for any company in their spot to protect their monopoly.

      He then uses this example to suggest that competition from atypical sources (ie, Linux or Muni broadband in his examples) works better than regulation.

      If anything, he's a MS *apologist* and monopolist coddler.

    7. Re:Microsoft? by frankm_slashdot · · Score: 1

      Thank you.
      I was starting to worry that the whole point of the article was lost on the entire slashdot crowd.

    8. Re:Microsoft? by Anonymous Coward · · Score: 0

      "Didn't help customers one bit."

      Do you now own your phone? Can you buy a fax machine? Can you do your own wiring? Can you choose your long distance service? -- nope, didn't help you one bit.

    9. Re:Microsoft? by Geezle2 · · Score: 2, Interesting
      Actually, it didn't help the customers at all. Your post is claiming that AT&T somehow stifled innovation when it was a heavily regulated monopoly by suggesting that you would still need pulse-dialed phones (rotary) to this day. Where do you think DTMF dialing was developed? When do you think it was developed? Where was cellular telephone technology developed? Who invented the transistor, the laser, fiber-optics?

      Bell Labs was a powerhouse of innovation back in the days when the phone company was such a heavily regulated monopoly that it was virtually a state run enterprise. Since the breakup and deregulation of AT&T (effectively the same as privatization, in this case), what sorts of epoch-making telecommunications innovations have there been? Please only cite examples that were not already in Bell Labs' development pipeline and near marketable maturity.

      How about price? While long distance service has stabilized somewhere near the pre-deregulation prices or perhaps even slightly less, fees and 'local long distance' costs are FAR higher now.

      You point out being able to to buy cheap cordless phones at Walmart like it is some sort of improvement. A years rent on one of the terminals that AT&T supplied was no more than the cost of one of those cheap pieces of crap that you get from Walmart, yet it was a reasonably high quality instrument. Furthermore, AT&T did allow customers to use their own terminals on the network and cordless phones were widely available prior to the breakup of AT&T. Bell Labs even developed much of the technology for making cordless phones.

      What innovations have come to market that AT&T had been stifling?"all of the other things that AT&T had locked down opened up". What things? Some examples would be nice, as I can't think of any.

  5. The final word? by NaCh0 · · Score: 4, Funny

    You must be new to slashdot.

    Even dupes of dead horses are beaten around here.

    1. Re:The final word? by that+this+is+not+und · · Score: 1

      "In Soviet Slashdot, dead horses beat dupes."

      oh, and I'm not new to Slashdot:

      "Mae Ling Mak, Naked and Petrified"

  6. Nice, but.. by celardore · · Score: 0, Troll

    It's a nice article, but does his opinion matter? It's the big cheeses that decide what goes, and so long as they are raking in the funds the little guy does not matter.

  7. isn't it the other way around? by dingDaShan · · Score: 1, Interesting

    Municipal and government networks do not have the advantage of competition, and therefore disparage innovation, not vice versa. Businesses compete and in order to gain an advantage, one business must innovate. I don't know why this article is claiming the opposite. Yes, I see the advantage of having standards, disparaging monopoly, and the like, but net-neutrality will only lead to a network that never gets better (think power lines). Yes, it is difficult for a business to get enough clout to own a network and there are problems with certain networks working together (problems between different cell networks). However if true innovation is encouraged, we will see a system that uses very few wires and increasingly uses wireless broadband. The integration of the cell phone and cell networks with broadband has already happened. Putting further restraints on the system will only cause unforeseeable problems in the future. Fairness and neutrality is not necessarily the best thing for the country.

    1. Re:isn't it the other way around? by Wesley+Felter · · Score: 4, Interesting

      Municipal networks are free from competition only if they are the only game in town, which virtually no one is proposing. Municipal networks will have to compete with telcos and cable companies.

      Also, there are a lot of places where there is an effective broadband monopoly already; in those cases would you prefer a for-profit monopoly or a non-profit one?

    2. Re:isn't it the other way around? by Anonymous Coward · · Score: 1, Insightful

      net-neutrality will only lead to a network that never gets better

      And a non-neutral network will? How exactly will (indirectly) forcing me to pay more for Vonage or Skype over the cable/telephone company's VoIP get these networks upgraded?

      However if true innovation is encouraged, we will see a system that uses very few wires and increasingly uses wireless broadband.

      And maybe someday, someone will innovate low-latency wireless. Until then, it's not a replacement for wired connections.

    3. Re:isn't it the other way around? by Shihar · · Score: 2, Interesting

      The problem with any sort of state run industry is that it tends to murder off private competition. State run monopolies always have two advantages over any private corporation. State run monopolies can easier push through legislation to make it harder to compete with them, and state run monopolies can always make up for inefficiency, poor planning, and higher operational costs with tax money.

      Some times we accept this sort of inefficiency that state run industries bring for higher values. The cutting edge of technology really is not one of the places where we should accept such inefficiency. We need private corporations to literally murder each other to provide the best product and drive innovation forward. I am not against rules to help poke and prod competition forward, but setting up state run and tax subsidized networks is not the answer.

    4. Re:isn't it the other way around? by Anonymous Coward · · Score: 1, Insightful

      it's also not a replacement for capacity. Seems to me that over the new several years the core will move more into fiber and the edges will move to wireless...

    5. Re:isn't it the other way around? by LukeCage · · Score: 5, Insightful

      I think it's interesting that you are using power lines as you example, but I'll stick with it. To extend your analogy, without network neutrality the power company can charge your appliance manufacturer a surcharge for use, and if they decide not to pay it then your refrigerator and washer/dryer gets a tiny trickle of electricity and is reduced to near-worthlessness.

      You clearly don't understand the situation, like most people who come out against network neutrality. The companies who are pushing this did not create the internet, did not create it's standards, and do not own the land that they are using to bring the internet to you. The internet is a "common area", not a market. There is no "free market" here unless you want to make it truly free, in which case I will charge Verizon $400 for the FIOS line they just ran under my property, payable immediately and monthly. Also Charter, you owe me another $400, pay up. Then these two companies can then negotiate with every single other homeowner in the city as well. But wait, we don't allow that (and rightly so) because it would ensure that no one ever gets broadband and stifle innovation. Instead, we grant Verizon a local monopoly and allow them to use our easements; in return they are supposed to stay away from doing exactly what they are proposing, which is using their power to bone us out of features because we have no choice (hey it's them or the cable company, that's hardly a free market).

      Also, power lines are a bad example because they work just fine for their intended purpose and are regulated.

    6. Re:isn't it the other way around? by Frosty+Piss · · Score: 1
      Municipal and government networks do not have the advantage of competition, and therefore disparage innovation, not vice versa.

      Municipal networks encourage competition by forcing commercial networks to provide services that they had to that point refused. Municipal networks exist only because commercial networks refuse to compete, instead maintaining a "status quo."

      --
      If you want news from today, you have to come back tomorrow.
    7. Re:isn't it the other way around? by norton_I · · Score: 1

      Yet if I murder the phone company for just increasing the price of my DSL when my contract ran out by a more than a factor of two above the current rate, I will get thrown in jail. I already switched to DSL because the cable company had such abysmal service. The market has failed, as far as I am concerned.

      I will take the govt. over the phone (or cable) company any day. Show me a viable alternative, or resume forcing telecos to allow competative DSL at reasonable prices, and I might change my mind.

      Also, plenty of state run or controlled agencies are quite efficient. Consider the post office, for example. It is technically illegal to compete with them, but who in their right mind would want to deliver letters for less than $.50 each, anywhere in the country?

    8. Re:isn't it the other way around? by dpilot · · Score: 2, Insightful

      Your argument might be true, except for one problem. At the moment, there isn't private competition.

      As far as I can see, last-mile information providers want it both ways. They want the subsidies and safety of a power company, and they want the profits of a hi-tech. So far, they're getting it, too.

      --
      The living have better things to do than to continue hating the dead.
    9. Re:isn't it the other way around? by weston · · Score: 2, Insightful

      State run monopolies always have two advantages over any private corporation. State run monopolies can easier push through legislation to make it harder to compete with them, and state run monopolies can always make up for inefficiency, poor planning, and higher operational costs with tax money.

      And yet, there are in fact government or civic programs that die, or never grow large enough to persist. Markets have their mechanisms for obsolescence, but they're not the only mechanisms.

      I am not against rules to help poke and prod competition forward, but setting up state run and tax subsidized networks is not the answer.

      There's a developer's mantra -- "right tool for the right job" -- that really ought to see more use in discussion of politics and policy. "Privatization is always the right way to go" is about like saying "Java is always the right choice."

      When a service that provides a huge amount of utility to society has trouble developing into a commodity, sometimes we do in fact set up state-run enterprises, and sometimes, it works rather well as a platform for further social and economic development. And the truth is, having left things in a private state of affairs for the last two decades doesn't seem to have produced any real competition when it comes to basic network services -- not to mention advancement of those services has been exceptionally limited. There was various legislation to encourage monopolies to open their networks to others who wanted to sell services. The privately owned networks reacted defensively and made it difficult. This is where the "open network" philosophy that's driving many of the municipal network initiatives comes from. The private approach hasn't worked. The private sector is far more interested in rent-seeking and clamping down access than innovation. The only apparent alternatives are public subsidization for companies building new infrastructure (which we also tried, giving millions to telcos to lay fiber and new networks) in hopes that having several different infrastructures might produce competition -- or public networks, on top of which private providers can truly compete.

      It's not that different from the idea of having a public road system, over which many private operators can offer shipping or transportation services and compete absent of the kind of fear and complications that having a competitor own the roads would produce. Frankly, I'd like to see more of our utility networks move this way, but AFAIK, packet-switched natural gas isn't in the picture.

    10. Re:isn't it the other way around? by dingDaShan · · Score: 1

      Also, there are a lot of places where there is an effective broadband monopoly already; in those cases would you prefer a for-profit monopoly or a non-profit one? Broadband internet is relatively new. The monopoly exists for potentially two reasons: integration and elimination of competitors OR the broadband company was the first to test the market in the area. The post office is a great example of a poorly run municipal system. They do not make enough money in stamps to cover all their costs. Are stamps the only way the post office is funded, or do consumers pay on both ends? I would rather pay on the more efficient end. Also, where competition does not exist, corruption does. This includes price fixing and competitors that are not competing i.e. cooperation. Laws should stop corruption, not competition.
    11. Re:isn't it the other way around? by JesseMcDonald · · Score: 3, Interesting

      The problem with any sort of state run industry is that it tends to murder off private competition. State run monopolies always have two advantages over any private corporation. State run monopolies can easier push through legislation to make it harder to compete with them, and state run monopolies can always make up for inefficiency, poor planning, and higher operational costs with tax money.

      I agree, and I wouldn't want a municipal government acting as an ISP. On the other hand, in my opinion the best source for the "last-mile" communications infrastructure is the same entity responsible for providing the roads and other fixed infrastructure; in most cases that is the city government, although it could just as easily be a private organization. (In many regards city governments, unlike state and federal governments, tend to resembly co-ops or private companies with the citizens as shareholders. The major differences relate to the form of income (taxes instead of rents) and eminent domain.)

      Ideally I would like to see something like the UTOPIA project in Utah, where the cities provide (and own) a fast fiber-based communications infrastructure and lease it out to individuals and companies on a non-discriminatory basis. (Important: this must be funded locally, preferably through the lease fees, and especially not with state or federal taxes.) The city itself does not provide Internet access; instead, individuals can subscribe to any ISP connected to the municipal network and access the Internet using that ISP as a gateway. The system eliminates the ISP's natural monopoly by separating the infrastructure from actual Internet connectivity, something that (IMHO) should have been done from the beginning. Besides reinstating competition among ISPs it also allows "non-Internet" data services, such as VoIP and IPTV, to be offered simultaneously over the same network; these can be offered over the Internet itself, of course, but are generally more efficient when routed over the faster municipal network. People can even offer their own services--community web sites, game servers, IPTV stations, etc.--over the local network at far better speeds than they would get through any ISP.

      --
      "The state is that great fiction by which everyone tries to live at the expense of everyone else." - Bastiat
    12. Re:isn't it the other way around? by cibyr · · Score: 1

      State-run telcos are not the answer. Private telcos are not the answer. See Australia, we've tried both, and we're still screwed. Also definitely don't sell off your state-owned monopoly. Competition is the only thing that works, and sometimes that need government intervention to give it a kick in the pants.

      --
      It's not exactly rocket surgery.
    13. Re:isn't it the other way around? by sporkme · · Score: 1

      OT: The USPS is the only government mandated agency that is self-sustaining

      Special budget appropriations are made to cover the cost mail for certain groups. The first Bush administration and Congress eliminated over 90% of these appropriations in the early 90's and individual rates were increased to compensate.

      NASA would have been a better example. Burt Rutan could say a thing or two about competition with a government.

    14. Re:isn't it the other way around? by nickmalthus · · Score: 1

      I used to live in pete sessions district. Here is an excerpt from his wikipedia entry:
      "Sessions is trying to pass the "Preserving Innovation in Telecom Act of 2005" (HR2726), which would ban towns and cities from wiring themselves for broadband. However, questions have been raised about Sessions's partiality toward the telecom industry: Sessions, a former SBC employee, holds half a million dollars in SBC (now AT&T) stock options, and his wife works for Cingular (jointly owned by the former SBC)."
      Too bad I moved before I could vote against him.

      --
      If a nation expects to be ignorant and free, in a state of civilization, it expects what never was and never will be-T J
  8. Backbone by Itchyeyes · · Score: 2, Interesting

    Lessig claims that municipal networks will be able to compete with the Telcos to prevent abuse of their control over the network. I'm no expert but don't these municipal networks still plug into backbones owned by the Telcos? What is there to stop the Telcos from exercising their control at that level rather than at the end user level? I understand his point about not being too hasty with regulation, but there seem to be some holes in his logic.

    1. Re:Backbone by Omnifarious · · Score: 2

      As I understand things, there is sufficient competition in cross-country networks. So a municipality should have a choice of backbone providers to connect to.

    2. Re:Backbone by josteos · · Score: 4, Insightful

      Its easy to bulldoze a consumer. But they might think twice when taking on a municipality who has its own staff of lawyers.

      So the telcos will be competing against an opponent who isn't motivated by maximizing profit. This means the telcos will have to compete on features, and choking the internet chicken just isn't one of those features that will make consumers switch.

      --
      Save the Music; Save the World at http://www.TuneTriever.com (Our latest Android game)
    3. Re:Backbone by HaeMaker · · Score: 0

      Yes, your right, and this is the hole in his theory.

      Unless the Munis planned to create their own backbone and separate internet, his points are moot.

      His analogy would fit the browser wars better than the OS wars.

  9. Many Linux-style volunteers are building free... by xxxJonBoyxxx · · Score: 2, Funny
    Many Linux-style volunteers are building free wireless networks that enable participants to share access and offer capacity to others. These volunteers are also building free protocols that enable legal access without shifting control to a last-mile access provider.

    Who? Why? Or are you talking just about all the unsuspecting people who set up unsecured wireless networks in their homes?
  10. Monopoly by gravesb · · Score: 5, Insightful

    I would rather see the government force the carriers towards network neutrality. They were awarded a monopoly by the government, and can't complain about regulation. I am usually a free market person, but in this case, I would like to see the government enforce the status quo. Once Wi-Max is mature enough to give people options, then maybe the carriers can have some freedom.

    --
    http://bgcommonsense.blogspot.com
    1. Re:Monopoly by Anonymous Coward · · Score: 1, Insightful

      How long till Wi-Max is mature enough? A couple years? How long will whatever legislation Congress passes be on the books? Many decades? 99% of that time being used by incumbents for purposes other than intended.

  11. Standard Oil by Erioll · · Score: 3, Informative

    Standard Oil was the reason for the introduction of Antitrust laws in the USA, not AT&T (Bell, whatever). Yes they got hammered by them, but they were not the first, nor the ones that prompted their creation in the first place. What, you thought "Esso" was just a funny-sounding name? Ess-O. SO. Standard Oil.

    1. Re:Standard Oil by Anonymous Coward · · Score: 4, Informative

      Actually, it was the railroad industry that spurred the Sherman Act, not the oil companies. They just got hit with that hammer. The federal suit didn't start until 16 years after the Sherman Act was passed (1890).

  12. Does that mean I can't support both... by CharliePete · · Score: 1

    ...Net Neutrality and Munuciple Networks?...Because I resoundingly do. If I honestly thought legislation could be created to protect them that really wouldn't just be a smoke screen for increasing the megacorps' stranglehold over everyone I would support that too. We now have copyrights for works that will outlive their author by 70 years, patents on how information is manipulated, and Telcos entering the television market with federal assistance to help them drive cable-based ISPs out of business all made possible by legislation cosponsored by members of both major polical parties. While I heartily support both ideas and would love to see them protected I can't see any legislation being passed that wouldn't pervert both beyond recognition.

    --
    "Never limit what you know to what you do", Me
  13. Re:Many Linux-style volunteers are building free.. by mbrubeck · · Score: 1

    No, he's talking about groups like Seattle Wireless who are building free metropolitan area networks.

  14. A profoundly bad analogy by Scareduck · · Score: 4, Insightful

    Linux was able to succeed as a collaborative effort because of cheap, commodity PCs (whose performance increased constantly), the Internet, a common desire for a freely available operating system, and remarkably good project management. None of this required capital beyond what was readily available to any one player.

    With broadband, the network neutrality issue comes back to the idea of common carrier status. This is important, because the companies delivering this traffic have been granted a monopoly on service explicitly. What the large ISPs are trying to do is to eliminate common carrier status while retaining the monopoly. Allowing that would be a disastrous mistake for the public.

    --

    Dog is my co-pilot.

    1. Re:A profoundly bad analogy by Azghoul · · Score: 1

      Lessig addressed the fact that it's not the same. Honestly, I'm way more inclined to believe what Lessig's selling over some dude on /. Sorry.

  15. Is it just me or is Slashdot just too opinionated? by kinglink · · Score: 1

    I'm not talking about the comments, they always were opinions (duh) but I'm talking about the articles. There's about 10 articles on net neutrality, and then another ten on some database that someone thinks is another sign of "big brother" which people attack like crazy, and of course let's not forget articles on politics which tend to attack anyone trying to regulate... well anything, toss in a few articles on people expecting people visiting america to be documented (heaven forbid we try to actually stop undocumented aliens, or even criminals from entering our country) and stir for 12 minutes and serve over the course of 2 monthes.

    I don't know whether it's all the mods or just specific ones but it seems I'm seeing more and more agenda pieces and most of them are agendas I really don't give a fuck about. Net Neutrality I really can't care about, I've decided what I want to do with it, but that's it. Govermental Databases I'm actually for some of the times because the stories on here just reeks of people who read 1984 a few to many times and think goverment is bad. Anti-MPAA stuff I'm for most of the time (though there's some nut jobs out there) but at the same time acting like it's our right to pirate movies seems odd, personally I just boycott their asses and enjoy the free TV I get at home (the 50 inch tv really makes it easy). Even the stuff against the people against the violence in video games seems to be promoting them as it villifies them. If we ignored Jack Thompson we'd probably never have to deal with his jackassery now.

    Even at the same time I don't remember too many storys about Mr. Nifong and how easy it was for him to ruin 3 student's lives, a college's reputation and a sports history. Is it just that I'm changing my opinion and interests or is it slashdot that is becoming so leftist/rightist/socialist/capitalist/centralist that it's become something I don't even recognize any more?

  16. kinda like how vista will be secure? by SP33doh · · Score: 1

    most content-rich pronouncement that Wired will deliver in 2007.

    seriously where do you people get these time machines?

    1. Re:kinda like how vista will be secure? by rkanodia · · Score: 1

      Clearly, you've never read Wired magazine.

  17. Diminishing Marginal Returns by indiejade · · Score: 1

    Lessig wrote: "Can last-mile broadband be developed in a way that doesn't rely on the incentives that drive current providers toward innovation-stifling business models?" Diminishing marginal returns apply to expenditures for R&D as well. Nobody would disagree that societies are becoming more advanced as time goes on, however, the rate at which companies are able to realize returns on that increase in "innovation" is not able to keep up -- learning curves apply as well, especially ESPECIALLY when companies must pay competent people to answer questions asked by incompetent people. This is why people whining about outsourcing irk me to no end. I've worked at a company where I had to take technical support calls, and the utter idiocy of so many people is mind-boggling. If you can't figure something out, look it up in a book or online or in the manual that came with the product you purchased that you can't figure out how to get to work. People do have hobby interests on which they spend massive amounts of time or and/or money. Last time I checked, time wasn't powered by money. Automation of tasks -- like Lessing wrote about automated Tax Returns! -- gives people more time to spend doing things they enjoy doing, more "free time" as an economic reward. A longer piece written a big ago defending net neutrality: here.

  18. what about the history of telcos? by troll+-1 · · Score: 5, Insightful

    I might be misguided but frankly I don't trust the telcos. Verizon's CEO has said many times that the pipes belong to him and has indicated he's pissed off because everyone's making money off the Internet except him. I can see his point. Afer all, he's the one that owns the pipes.

    I wouldn't be so opposed to a non-net-neut world if I could be convinced the telcos weren't running a gnarly scheme to make my ISP bill look like my cell phone bill.

    The net has been so succesful perhaps because it was designed and developed in large part, not by private companies, but by scientists and engineers in an academic environment who were mostly employed by the government. Profit was not their goal.

    But if my cell phone company had developed the net, my ISP bill would probably list every site I went to that month and I'd be charged extra for things like email, SMS, MMS, streaming audio, etc., These would all be separately billable services. Voice would be charged per minute, data would be per megabyte, and I'd be nickel and dimmed for everything.

    DARPA was not a business. They were not out to make money. The designed a system for maximum efficiency and easy growth.

    Look at how the telcos have handled communications. For example, phone systems don't even have, nor have they ever had any intention of having, something as simple as DNS. If the telcos had had control over how the Internet evolved you'd be typing in Internet IP addresses simply so they could sell you access to a white pages directory.

    Maybe I have it all wrong but when I look at their history I really don't have much faith in telcos. What worries me the most is that we're giving these companies a large hand in determining, not how the Internet will look in a few years, but ultimately we're going to be giving them a lot of power in influencing how it's developed later on down the road. I say we tread carefully.

    1. Re:what about the history of telcos? by GigsVT · · Score: 4, Insightful

      The modern telephone company grew from a government granted monopoly. It is not a product of the free market, it's a product of the worst kind of government interference, the kind that gives advantages to some corporations at the cost of other corporations and the public.

      The modern Telco isn't an example of the failing of the free market, it's an example of what happens when you unduly restrain the free market for the benefit of corporations.

      --
      I've had enough abrasive sigs. Kittens are cute and fuzzy.
    2. Re:what about the history of telcos? by max+born · · Score: 2, Interesting

      Please mod parent up.

      Not for being insightful but for merely opening up the debate.

      On the one hand it's true that government regulation stifled innovation by compelling the telcos to perform to government regulated standards.

      On the other hand, the FCC can be seen as being in the business of 'selling' licenses to cell phone providers irrespective of what they do with the spectrum. Perhaps licensing of the airways should be less about who can pay the most and more about who will do what with the bandwidth to benefit the community. It would be nice to see a company that couldn't 'afford' the usual $500 million to be awarded spectrum rights because they had a good idea about selling mobile IP addresses with the intention of encouraging third parties to compete in building devices for it rather than the usual one company takes all approach.

      I'm no fan of big government. But the spectrum belongs to the people. Let the best ideas for the use of the spectrum be the ones that prevail. Not just the ones that have the biggest financial backing.

    3. Re:what about the history of telcos? by Anonymous Coward · · Score: 1, Interesting

      Companies such as Prodigy and CompuServ used to charge by the minute and by the kB. Where are they now? That model doesn't work if there's abundance and competition, only when there's scarcity -- and I think perhaps these anti-neutrality moves are designed to engineer some scarcity into the system ... so, prepare to be squeezed.

    4. Re:what about the history of telcos? by poot_rootbeer · · Score: 1

      Verizon's CEO has said many times that the pipes belong to him and has indicated he's pissed off because everyone's making money off the Internet except him. I can see his point.

      So can I, except for the part about not making money. Verizon already gets paid twice for the usage of their inter-pipes, by both the sender and recipient.

  19. When will we ever learn? by Whuffo · · Score: 2, Insightful
    Corporations exist to make a profit; making an ever increasing profit is required of them by their shareholders and some ill-conceived laws. Expecting Verizon or any other corporation to behave in a different way is nothing more than wishful thinking.

    When corporations provide essential services, the possiblity for great evil exists. If government doesn't step in to protect the public interest, those corporations will take every opportunity to collect an ever increasing fee from their captive customers.

    This is why things like the Sherman Act exist - to provide a counter-balance against unrestrained corporate greed. Unfortunately, our government seems to be unable or unwilling to exercise these tools to promote the public interest.

    In the meantime, if you simply assume that every corporation is out to make every possible dollar in any way they can - you'll be right.

    1. Re:When will we ever learn? by BalanceOfJudgement · · Score: 1
      In the meantime, if you simply assume that every corporation is out to make every possible dollar in any way they can - you'll be right.
      And you know what the worst part is - there is no hardcore OR quasi-capitalist that will disagree with you when you say that. And they'll be proud of the fact, to boot.

      And they'll be demonstrating so very clearly why unrestrained capitalism doesn't work - because capitalism cares nothing for people, even to the point of considering people and human needs a hindrance to the collection of capital. Capitalism as imagined by its proponents only works when humans are machines, and I don't expect that to be true for awhile.

      Don't get me wrong - I think Capitalism has some wonderful aspects to it. But it cannot be taken as a tabula rasa for admiring *every* aspect of capitalism, particularly the aspects of it that have appeared in the past 75 years.
      --

      We are the fire that lights our world.. and we are the fire that consumes it.
  20. Re:Is it just me or is Slashdot just too opinionat by Klowner · · Score: 2, Interesting

    Net Neutrality I really can't care about... You're more than welcome to continue not caring about net neutrality, and then some day down the road you won't be able to read Slashdot's "opinionated" articles because your telco is dropping all your packets from Slashdot due to your limited "Internet Silver" subscription which only supports the top 200 major websites. Slashdot will also be switching to 80% banner advertisements in order to pay off your telco so they'll stop dropping all the packets originating from Slashdot.
  21. Net neutrality is SMART by Bright+Apollo · · Score: 5, Interesting

    This is the canonical link to the issue: http://isen.com/stupid.html

    In short, your communication line is no more than infrastructure -- and no less. The argument that competition can somehow spring forth out of the last mile is based upon the fallacy that someone will string a whole new set of lines to homes. Verizon would argue that they alone own the telephone poles (they do not) and tie up the whole mess in the court system. Or that someone could blanket the nation with fixed wireless (Project Angel of AT&T); of course, the only entity that could it effectively is a local gov't and Verizon blocked that as well.

    Someone mentioned corporations act in their best interests, and that is true. As citizens -- because after all corporations are considered entities somewhat like people -- corporations would be psychotic sociopaths who in all honesty would be sentenced to life in a mental institution.

    Expecting these entities to act fairly is itself stupid. The only way to deal with them is harshly and unfairly, on the side of people and not the corporate interest. We know how that goes, too.

    Net neutrality is something we absolutely must have, not just as Americans but as free people. No corporate interest should take precedence, ever, for any reason. If they cry poverty, so be it. Let them find another way to make money. Really, if we pushed them hard enough, what could they really do?

    -BA

    1. Re:Net neutrality is SMART by mc6809e · · Score: 2, Informative
      The argument that competition can somehow spring forth out of the last mile is based upon the fallacy that someone will string a whole new set of lines to homes.


      In the early years of telephone, there were literally hundreds of telephone companies competing against each other. You might have 10 different companies sharing space on a telephone pole.

      The federal government then came along and decided to "bring order" to the telephone system in 1918 by nationalizing the entire telecommunications industry, with national security as the stated intent. AT&T become a government protect monopoly.

      Of course later on they changed their minds and decided to break up AT&T, which created a huge amount of competition for national telephone services and drove doen prices.

      The trouble was that the local monopolies were never deregulated and broken up, so have near zero competition now.
    2. Re:Net neutrality is SMART by GigsVT · · Score: 1

      Did you even read the article? Your blind zealotry is showing.

      Read it. He says what I've said all along. Net neutrality is the wrong solution to the wrong problem.

      --
      I've had enough abrasive sigs. Kittens are cute and fuzzy.
    3. Re:Net neutrality is SMART by GigsVT · · Score: 3, Insightful

      Exactly!

      The only problem that needs solving is the last mile. It's the only place where a natural monopoly can exist. Net neutrality attempts to address some hypothetical problem with the backbones (that will never materialize), and doesn't address the last mile very much.

      I'm a libertarian and even I advocate municipal ownership of the last mile. It should be licensed to carriers on a non-descriminatory basis.

      There's no problem on the backbones. If Verizon or one of these companies tried funny business there, they would be dropped like a hot potato. It's not very useful to have an internet infrastructure if every other company refuses to carry your traffic. It would be suicide.

      --
      I've had enough abrasive sigs. Kittens are cute and fuzzy.
    4. Re:Net neutrality is SMART by Bright+Apollo · · Score: 1

      Oh, I didn't know *you've* said that all along. I apologize.

      And you're both wrong, then. The last mile should be considered infrastructure like the street outside of your home. Imagine a toll plaza ten yards from your front door -- and everyone else's front door -- to get an idea of what a non-neutral last mile would mean.

      -BA

    5. Re:Net neutrality is SMART by GigsVT · · Score: 1

      Still haven't read the article I see. He advocates municipal/co-op ownership of the last mile, as do I.

      --
      I've had enough abrasive sigs. Kittens are cute and fuzzy.
    6. Re:Net neutrality is SMART by abb3w · · Score: 1

      The only problem that needs solving is the last mile. It's the only place where a natural monopoly can exist.

      Quibble: the last mile, and connecting it to both user and internet.

      I also suspect that certain backbones and associated right-of-way may be sufficiently high entry cost to allow for a further potential natural monopoly. This may not be true in all areas; in the US, the railroad industry has enough right-of way to lay fiber and insure at worst a duopoly (possibly triopoly, if telcos and cablecos remain separate). Trans-oceanic lines, however, may be a different story.

      --
      //Information does not want to be free; it wants to breed.
    7. Re:Net neutrality is SMART by GigsVT · · Score: 1

      There's satellite, RF, and like you said at least 2 or 3 industries that have right of ways that land-based backbone could go in.

      Low risk I'd say. Also reality has shown that the backbone space is still pretty diverse, even with all the mergers and such in telecom. There are currently 8 real tier 1 networks.

      --
      I've had enough abrasive sigs. Kittens are cute and fuzzy.
  22. Lex Luthor said it best by opieum · · Score: 3, Insightful

    Freedom of speech is great as long as nobody's listening.
    --Luthor ruling the USA via holographic president in The Dark Knight Strikes Again.--

    The point being made is people hear what is said but noone really does anything about it. The machine just rolls along while we here on slashdot and digg and various blogs talk about all this and do nothing about it. The awareness factor is limited only to the tech savvy crowd (many on here) who on allot of levels control information. I have seen very few instances where people are actually posting petitions or doing anything to show the dissatisfaction. Blogs go up but there really is no one united effort to focus the voice of the people toward the Govt to address our grievances. Just a bunch of divided voices and individuals voicing opinions who will often get outed as crazy. Larger numbers make a larger difference.

    If we take our voice into one central place and focus it at the Government they WILL listen. We out number them. They want our vote. As long as the 2 of the 3 branches of Govt are reminded that they have the axe of constituency voters hanging over their head they will listen. At this point they are paying lip service and doing under the table deals. We just need show that they have more to fear from us in terms of our voice and the resulting action that just posting on social sites. I am working on a number of petitions that deal with Government issues and laws important to constituencies all over the nation. Once they are finalized and written I will post links up. But I am hoping we can all rally behind that and show the Government we are serious about changes in the things we are seeing now. Corporate influence on Govt in general is no different than what religion was in the dark ages to the Govts of the time. The only difference is the lack of brutality.

    To offer tiered service is just an excuse for the corporations to limit what we can see on the premise that the content provider must pay for bandwidth. We just need to fight that tooth and nail with our voice. Make sure the public in general (non techies) are very aware of what that is and HOW it affects them. If they are aware of how bad it will be for them then more people will start to react. Preaching to the choir never gets it done. Preaching to the people who have no clue or don't see the danger has a much better chance of getting the message across and will spread. This is one method of creating a united front. /Steps off soap box.

  23. Network Neutrality? by The+Stars+Look+Down · · Score: 1

    Sounds like more government regulation.

    --
    "Money is the barometer of a society's virtue." - Ayn Rand Atlas Shrugged
  24. AGAIN, the lesson... by ratboy666 · · Score: 1

    I feel like a broken record. But...

    Broadband may be new; indeed that isn't even relevant. The only effective means of getting "broadband" to my hourse, or neighbourhood is via buried cables (copper, or fiber -- pick one). Right now, "wireless" isn't a choice. (Although it could be, and we will revisit that point).

    To provide a reliable service, easements are needed. Neither the phone company OR the cable company came to me to negotiate a right of way, or usage on my land. Instead, they went to the local government, which negotiated for the tax-payers. Part of the negotiation was for -- hold it -- network neutrality. AT&T argued it, and lost. Now it comes up again.

    As to "wireless": we want RELIABLE access. This means that use of "open" 802.11a/b frequencies are out. At best "patchwork" best effort service can be offered. Plus, if a licensed operator complains, the 802.11a/b user will have to shut off. For limited use, yes, this may work. But for more general use? I like cables here, because I am running my office phone on VOIP.

    --
    Just another "Cubible(sic) Joe" 2 17 3061
  25. Where are you getting your fiber? by Generic+Player · · Score: 1

    Carpenter's glue? Fiber helps it flow, it doesn't clog your tube.

  26. Re:Is it just me or is Slashdot just too opinionat by Anonymous Coward · · Score: 0
    ...because the stories on here just reeks of people who read 1984 a few to many times and think goverment is bad

    Or people who remember Nixon's enemies list, or Herbert Hoover's blackmail, or people who emmigrated from the Soviet Union, or any of the *vast* number of examples governments abusing their citizens through the overuse of police powers. And now you have a government that openly defies FISA and it doesn't seem relevant.

    So yeah, it's just you.
  27. Three categories of /. responses: by Anonymous Coward · · Score: 0

    Yay, Nay, or Neigh.

  28. Lessig handwaves by Scareduck · · Score: 1
    Sure, he brought it up and didn't bother to explore it at all (all emphasis mine):

    But life is all about repeating the same mistakes in many different contexts. So, are we reluctant regulators wrong again? Is there something we think is impossible today that will be obvious tomorrow? Can last-mile broadband be developed in a way that doesn't rely on the incentives that drive current providers toward innovation-stifling business models?

    Yes. There isn't yet a Linus Torvalds of broadband,

    Quite right. Linus Torvalds would have needed gigadollars to compete with the telcos.

    nor is a single competitive platform being built by volunteers to displace AT&T.
    See above. That is to say, he never really addresses the principle problems with his flawed analogy, but handwaves it away. Volunteers cannot make capital appear by magic.

    Further, his idea that governments are going to fill the void and provide competition doesn't hold water, either. How do we ensure local governments don't get snookered by tech bamboozlers with visions of creating monopoly markets of their own? This is how we ended up with the disaster that is cable television now, by hundreds of municipalities handing out local monopolies with millions of captive customers.

    --

    Dog is my co-pilot.

  29. Two Words WI-MAX by argoff · · Score: 1

    It will not be municipalities that push out the telco's, it will be new wireless technology that will allow people all the ease of 802.11b, but with a 30 mile radius.

  30. Wouldn't it encourage more restrictions? by ragingmime · · Score: 1

    It seems like that would encourage ISPs to be *more* restrictive. If you have more traffic coming over your lines from these last-mile ISPs but no more revenue because they're not paying you, the ISPs would have to get revenue from somewhere else - most likely Google, Skype, and other big companies that send lots of data.

    One reason I support net neutrality is that both I and Google (or whoever) have paid an ISP for access the Internet. Why should there be a third charge if the people on either end have already paid? But if the user isn't paying (directly) for his/her connection, then charging Google (or whoever) would be the only way to stay afloat.

    Maybe I'm missing something, but I don't think this is such a great idea. More competition from broadband ISPs or regulation are the only options that I think would really work.

    --
    I produce electronic music and write little games. Have a look.
  31. Re:Is it just me or is Slashdot just too opinionat by Anonymous Coward · · Score: 0

    parent was the troll, but parent was right, slashdot does suck. This guy made a good point in response to a troll.

  32. I prefer Rollins on net neutrality... by und0 · · Score: 1

    Only briefly looked at what Lessig write, for sure Henry Rollins is more "direct"... (= http://throwawayyourtv.com/2007/01/rollins-opinion -on-net-neutrality.html

  33. Is it just me... by Create+an+Account · · Score: 1

    Did this guy just claim that he now thinks it was a bad idea to try to reduce Microsoft's monopoly power? He thinks because Linux is kicking ass in the server space, it's ok that consumers have suffered through all the sh*t Microsoft has foisted on them through the power of their monopoly? All of the virii, the worms, the trojans, the spam, adware, etc.? Has this guy ever used Windows?

    I don't see that this guy deserves an audience. Reluctant regulator? More like reluctant cogitator. I hate to call anyone a moron, but come on.

  34. Lessig is an ideologue by midnighttoadstool · · Score: 1
    "Municipal competition won't kill commercial broadband any more than Linux has killed Windows."

    That's a poor analogy. Linux may well kill windows, it just hasn't happended yet because Linux has deficiencies that have slowed its adoption. But broadband is broadband: unless the municiplities offer a severely substandard service, and even if they do, the motivation to pay will be severely underminded.

    Lessig's assertion, which really should be couched with "in my opinion", is a typical non-fact that those with ideologies employ. He believes something, and he's willing to use sleight of hand to prove it.

  35. Farce by slysithesuperspy · · Score: 1

    And Standard Oil fiasco was a farce anyway. It only maintained a monopoly because it could bring customer what they wanted, cheapest. It was actually slowly loosing market share by the time the law was past. The Truth About the "Robber Barons"

    It seems utterly stupid to trust government to regulate something when it is actively giving corporations monopoly rights!! I guess this is because a previous special privilege deal has affected another group of people negatively so they lobby for government polices that help them. And the cycle continues.

  36. Re:Is it just me or is Slashdot just too opinionat by VGPowerlord · · Score: 1

    You forgot about the articles on how great Apple's is or how much Microsoft's sucks... sometimes both in the same article.

    --
    GLaDOS for President 2016! "Well here we are again. It's always such a pleasure." -- GLaDOS, 2011
  37. Re:Is it just me or is Slashdot just too opinionat by VGPowerlord · · Score: 1
    Oops, should have looked closer at preview, that was supposed to be
    You forgot about the articles on how great Apple's <insert product here> is or how much Microsoft's <insert product here> sucks... sometimes both in the same article.
    --
    GLaDOS for President 2016! "Well here we are again. It's always such a pleasure." -- GLaDOS, 2011
  38. Why would that be? by Anonymous Coward · · Score: 0

    If the ISP isn't getting enough money either

    1) They up the charges to the city
    2) They stop the service at the end of the contract

    If the city cannot get an ISP or backbone provider to accept the pay then they will have to increase the ammount they pay. At some point someone will provide.

  39. Yet another who doesn't get net neutrality... by danaris · · Score: 1

    ...due to your limited "Internet Silver" subscription which only supports the top 200 major websites.

    No, that's not what lack of net neutrality would get you. The reason you wouldn't be able to get Slashdot is because of Slashdot's limited subscription, which only gives it 10% as much bandwidth as sites of a similar size that paid through the nose for premium access to the pipes of 5 different middlemen, who have nothing directly to do with either you or Slashdot.

    Dan Aris

    --
    Fun. Free. Online. RPG. BattleMaster.
  40. Re:Is it just me or is Slashdot just too opinionat by vertinox · · Score: 1

    overmental Databases I'm actually for some of the times because the stories on here just reeks of people who read 1984 a few to many times and think goverment is bad.

    Or Atlas Shrugged, but the point being that if you haven't gotten the point of 1984 then you need to read it a few more times.

    It isn't that government is bad per se, but that the potential for what it can do should be in our minds at all given times least we be the next victims.

    Mostly, that 1984 is an allegory directly to Stalin and the purges of 1937. The telescreens are actually metaphors for citizens that report on each other during this time frame.

    The point was not that technology would do this, but that society was already like that in Stalinist Russia in the late 30s. He was trying to affirm that in a society like Stalin's is possible and this is how it works and the warning signs were clearly pointed out.

    This is a bit off topic, but that is the message that Orwell was trying to really put across.

    --
    "I am the king of the Romans, and am superior to rules of grammar!"
    -Sigismund, Holy Roman Emperor (1368-1437)
  41. Re:Is it just me or is Slashdot just too opinionat by CDarklock · · Score: 1

    > I'm talking about the articles

    Slashdot is biased - heavily against large corporate structures which make scads of money, and heavily for small grassroots rebels which produce free products and services. They pick and choose the articles that best illustrate the worldview they think is important.

    However, EVERY media source does this. If you go to MSNBC, you find pretty much the opposite; the small grassroots rebels are either ignored or painted as dangerous, and the large corporate structures are hailed as models of success and stability.

    So what you need isn't one place that has no bias, but a collection of places that accurately balance out one another's bias. Slashdot is a great balancer for corporate-friendly media sources, but if you throw out the corporate-friendly sources you just end up unbalanced in the other direction.

    --
    Microsoft cheerleader, blue flag waving, you got a problem with that?