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Bandwidth Fines Bad, But Not Net Neutrality Issue

Frequent Slashdot contributor Bennett Haselton writes with his take on the recent Time Warner Cable fiasco: "Net Neutrality crusaders at FreePress.net recently called attention to Time Warner's plan (later rescinded) to impose fines on users for going over bandwidth limits. I agree generally, but I think this is easily confused with the reasoning in favor of Net Neutrality, and it's important to keep the arguments separate." Read on for the rest of Bennett's thoughts.

On April 13th I received an e-mail from FreePress.net, one of the organizations that led the fight in favor of Net Neutrality:

Just as we're suffering economically, Time Warner Cable is trying to squeeze us even further, forcing millions of customers to pay steep fees for exceeding an absurdly low monthly limit on Internet use. [...] The company's scheme would cost customers $15 per month for one gigabyte — the equivalent of one 30-minute HD television show — with a penalty fee of $2 for every additional gigabyte over the limit.

Later, FreePress.net triumphantly announced that Time Warner had reversed their position. Now, I would appear to have painted myself into a corner on this issue, because I wrote in an editorial two years ago arguing in favor of Net Neutrality:

[Net Neutrality is] not about how much a service costs, but about the ethics of double-billing for it. [...] If vastly more people start trying to stream CNN over the Internet 24/7, and fully using the services that ISPs have "only been pretending to sell," as Brad Templeton put it, then ISPs may have to charge more for users who consume too much bandwidth, encouraging people to stay at today's average levels by rationing themselves and perhaps watching 24 on their $5,000 TV sets sometimes instead of downloading it off of BitTorrent to their laptop every week because it makes them feel like a haX0r. Much as we all love our unmetered connections, it wouldn't be a violation of Net Neutrality for ISPs to charge users for bandwidth hogging, to keep everyone from going too far above today's levels.

And yet, even after writing those words, I still think there is an argument against letting ISPs impose bandwidth fines, at least under some conditions. However, I think the argument is completely separate from the argument in favor of Net Neutrality, so it's important to derive both of them independently of each other.

I would try to make both arguments by deriving the conclusions from first principles. This might seem pedantic at times, but I think it's helpful to have a precise mathematical-style "proof" of why a conclusion follows from its premises, because then you can see how changing one premise would change the conclusion.

To me the simplest argument in favor of Net Neutrality follows from three assumptions. You don't have to agree with the assumptions, but I think that all three of them are obvious because the opposite would be untenable.

  1. An ISP that blocks (or slows access to) certain websites is defrauding its users UNLESS either (a) the ISP has made its users aware of the filtering, or (b) it's overwhelmingly clear that the filtering protects the users or improves their experience (so more experienced users would assume it is taking place anyway). If your ISP has told you that they're selling "Internet access" but they're silently blocking some Web sites, then this is straightforward. You're paying for one thing, and the ISP is selling you something else that is inferior. In the incident that I wrote about, ISPs like Rogers.com that used AboveNet as their upstream provider, were actually blocking their subscribers from reaching certain websites, even though their customers thought they were getting unfiltered Internet access. Now if the ISP advertises that its Internet connections are filtered, as some "family friendly" providers do — so that virtually all users knew about the filtering — then this would not be a violation of Net Neutrality. And if the ISP is blocking mail from actual spam sources, then this is something that protects users and improves their experience, and so is usually not considered a violation of Net Neutrality either. But if the ISP is silently blocking access to Web sites, or blocking mail from servers that are not sending spam but simply because the ISP owner has a political disagreement with those server owners, then that would violate this principle.

  2. "Make its customers aware" means just that — make its customers aware — and not bury something in the Terms of Service. Imagine if the opposite principle were accepted — that websites and software vendors could do anything they wanted as long as they put the right disclaimer in the 23rd paragraph of their site's or program's "Terms of Service" that nobody reads. Scam artists' eyes everywhere would light up with dollar signs thinking of the possibilities: Create a popular program and get people to install it, while putting a clause deep in the TOS that permits them to remotely take over your computer after you've installed their software! Or for a real-world example, Yahoo! once tried to amend the GeoCities Terms of Service to give Yahoo! the copyright on any content uploaded by their users. Yahoo! reversed itself after a public backlash, but even if they hadn't, it would have been good public policy for a court to say that Yahoo!'s copyright claim on their users' content was invalid. You can, of course, strengthen your legal rights by putting the right language in your Terms of Service, but it would mean total chaos if companies could bury "gotchas" in your TOS that are wildly contrary to what users are reasonably likely to assume.

  3. If company A sells something to company B which company B then re-sells to the public, but company B almost certainly cannot resell the good without committing fraud as outlined above, then company A is complicit in the fraud as well. Some of AboveNet's defenders argued that they mostly sold Internet connectivity to ISPs, not to the public, and the ISPs knew that the connections were filtered. Even assuming this were true, the ISPs still would not be able to re-sell the service to the public without representing it as "regular Internet access" — nobody would pay full price for a broken or degraded connection when a competitor could offer a regular connection for the same price.

So, an ISP that blocks or degrades access to certain Web sites, when users think they are getting full unfettered Internet access, is cheating customers (or, in the case of a backbone provider, complicit in the downstream ISPs cheating their customers) in violation of the principles of Net Neutrality. QED. I would tentatively call these assumptions airtight; at least, I cannot think of any corporate behavior that violates one or more of these principles and should be allowed under good public policy.

By contrast, the argument against Net Neutrality — that the free market will ensure that ISPs provide effective service without the need for government regulation — relies on assumptions that might sound reasonable, but have loopholes, and the loopholes are precisely where Net Neutrality violations can slip through. An anti-Net-Neutrality editorial by Sonia Arrison, for example, argued that "consumers would never stand for blocked Web sites." However, in the case of AboveNet's filtering, downstream users did of course "stand for it," because they didn't know about it, and the natural assumption, when the user sees a website not responding, is to think that the site is down, not that their provider blocked it.

But the argument against bandwidth fines is different. While "broken" Internet access could never be sold to the public without some sort of misrepresentation, it is conceivable that people would still pay for Internet access even if the price were $15 for the first 1 GB and $2 per GB after that. However, it would still be good public policy to prohibit two variants of this scheme: (a) ISPs silently racking up charges, scummy-cell-phone-company style, against users who may not realize what charges they're incurring, and then shocking them with overage bills at the end of the month; and (b) ISPs charging draconian bandwidth fines in cases where they have a monopoly, or near-monopoly, on users' Internet access options.

Prohibiting "shock" overage bills essentially follows from principles #1 and #2 above — users should know what they're getting, and sneaking something into the fine print doesn't count. If someone is approaching their bandwidth limit, and is on track to run over (and incur a lot of charges) before the end of the month, it wouldn't be too much trouble to send them an e-mail or an automated (or live) phone call to warn the user what's going on. If the ISP objects that this would cost them too much, I'd say I'll happily pay $1 for the trouble of them placing a call to my house if it saved me $20 in surprise overages.

Prohibiting bandwidth fines in the case of monopoly situations simply follows from the principle that without competition, the bandwidth overage fees are likely to be much higher than they would be in a competitive market. It may not be the motivation of the ISP simply to make as much money as possible; perhaps they want to discourage high-bandwidth usage for other reasons. As FreePress.net theorized about the proposed Time Warner bandwidth surcharges: "This trick is designed to make customers think twice before switching off their cable TV and finding the shows they want online." But whether it's to squeeze subscribers for extra money or to stop them from streaming content from the Internet, either way, the plan could not be sustainable if users can find higher bandwidth at a lower cost from other providers. For most of its subscribers, Time Warner doesn't have a pure monopoly — in some areas, you can get only one cable Internet provider and only one DSL provider, but the two still compete with each other to provide "Internet access," and other areas have a choice between cable providers. However, in a situation with only a small number of competitors, companies can still keep prices higher than they would in a purely competitive market, because there are fewer chances for an upstart competitor to find ways to provide a more efficient service at a lower cost.

What if neither of these conditions were true? If an ISP actually did make sure that its subscribers knew about the bandwidth limits, and users got warnings if they were approaching those limits, and there were enough competing providers to ensure real competition, then in that situation it would be harder to make an argument against the bandwidth surcharges. (Admittedly, it may be something of an academic point, because there are so few situations where there are "enough competing providers" to guarantee healthy competition.)

But it's important to keep the arguments for Net Neutrality separate from the arguments against bandwidth surcharges. Bandwidth fines are bad mainly when there are few competing providers, because it will be hard for users to get a better deal somewhere else, and providers like Time Warner may have a vested interest in keeping users' bandwidth limits low to keep them glued to their TV. Violations of Net Neutrality are bad regardless of whether there are few or many competing providers, because users cannot avoid the harm if they're unlikely to discover what's happening in the first place.

159 comments

  1. Please, please, please by Alistair+Hutton · · Score: 5, Insightful

    Yes, a thousand times yes Can we not conflate unrelated issues at all and keep Net Neutrality to mean one thing and one thing only, agnosticism to packets content. Everything else can go and find it's own banner to campaign under, probably one that says "Free Cake" because it does seem to me a whole pile of freeloader causes are trying to get some of that sweet, sweet Network Neutrality moral certitude.

    --
    Puzzle Daze is now my job
    1. Re:Please, please, please by yuna49 · · Score: 4, Insightful

      Even better would be dropping the whole "Net Neutrality" meme and returning to the time-honored concept of "common carriage." The FCC created this problem when it bowed to the wishes of the telcos and created an entirely new regime ("enhanced services") not governed by common carriage. Internet services fall into this category along with directory assistance and dial-a-porn. The consequences of not enforcing a clear divide between content and carriage are now apparent, particularly in the case of cable operators who have an obvious conflict-of-interest when it comes to the distribution of video programming over the Internet.

    2. Re:Please, please, please by Hatta · · Score: 3, Insightful

      Net Neutrality to mean one thing and one thing only, agnosticism to packets content

      Not just content, but source and destination too.

      --
      Give me Classic Slashdot or give me death!
    3. Re:Please, please, please by mellon · · Score: 3, Insightful

      No, no, a thousand times no! Disclosure is not neutrality. ISPs have monopolies. You can't choose a better deal. So disclosure makes no difference.

      Furthermore, bandwidth caps, particularly when they are asymmetric, mean you are a consumer of content, not a producer. How neutral is that?

      It's true that bandwidth sharing isn't *solely* a net neutrality issue--there are real problems with hogs. But when a desire to retain a cable franchise motivates an ISP to deliver a slow, capped connection, that _is_ very clearly a net neutrality issue.

    4. Re:Please, please, please by flitty · · Score: 1

      The whole problem seems to be a "truth in advertising" problem for ISP's, relating to both Net Neutrality issues and Bandwith Caps. If ISP's were more straightforward, the two issues would not be getting conflated.

      There is a fear that ISP's are giving their "own" packets (say TW doesn't count their own VOIP Packets in the monthy cap calculation) the same way that cell phone companies don't count the minutes for Inter-network phonecalls. This packet "cost" becomes intertwined in network neutrality, because it shouldn't matter if the packets are Vonage or TW VOIP, they both should be the same "cost". Because of ISP's deceptiveness in Torrent Monitoring, Traffic Shaping, and other Questionable practices of the past, why should we believe they are not doing such a thing already without admitting it.

      If we had the FCC or some lawsuits bring the Hammer down on deceptive advertising practices, I think this debate would be more clear. The problem is, because the ISP's have been so unclear, the two issues are getting confused because Bandwith caps have no defined parameters from the ISP's.

      I think for Anyone to claim "speeds up to xxx", this should mean that 90% of the time, the customer should be able to get that speed. The ISP's need to come up with a shared "speed test" (and if they won't do it, have an independant group/government do it) much like "MPG's" are all calculated the same way. We all know MPG's are not what you'll get for real world use, but at least all cars are measured in the same way. Also, for a company to implement bandwith caps, the FCC should mandate that all packets are incorporated into that cap equally. Then the two issues would not be confused.

      --
      Whether or not there is some sort of god, I'm not supposed to say/god is a word and the argument ends there-Smog
    5. Re:Please, please, please by Anonymous Coward · · Score: 0

      Oh come on. He's not letting in illegal aliens to steal our bandwidth. He's letting them in to steal our social services because he and pretty much every other politician feels guilty about not paying their nannies and gardeners a livable wage. The liberal mind functions entirely in guilt-mode, and so they're perpetually trying to make everything "fair" (for everyone except themselves, of course) in order to compensate for the fact that they are always trying to screw people. This allows them to sleep at night after a hard day's work of disenfranchising Mexicans, squashing individual liberties and personal accountability, and deliberately using Fannie and Freddie to crush the economy as cover for an unprecedented power grab. It's a quid-pro-quo: You wipe my kid's bottom and cut my lawn, and I don't make you pay for social services via taxes like everyone else.

    6. Re:Please, please, please by Dragonslicer · · Score: 4, Informative

      Net Neutrality to mean one thing and one thing only, agnosticism to packets content

      Not just content, but source and destination too.

      My impression was that Net Neutrality had absolutely nothing to do with content (which would more accurately be called Quality of Service, i.e. prioritizing HTTP or VOIP traffic over FTP or BitTorrent traffic), but solely with source and destination (e.g. prioritizing Google's HTTP traffic over Yahoo's HTTP traffic).

    7. Re:Please, please, please by MobyDisk · · Score: 1

      I think content is part of it too. If my ISP inserts advertisements into pages, that's not being neutral. Let's apply the common carrier logic: Would it be fair for a common carrier to open a package, insert a coupon for a competing product, then reseal the package and deliver it?

    8. Re:Please, please, please by Anonymous Coward · · Score: 0

      This is what I get for browsing at -1. Xenophobic, far right-wing talking points. There *are* articles about politics; go troll them, you self-centered imbeciles.

    9. Re:Please, please, please by Dragonslicer · · Score: 1

      I think content is part of it too. If my ISP inserts advertisements into pages, that's not being neutral.

      Modifying content as it comes across their wires is just plain wrong, regardless of Net Neutrality. Net Neutrality is exactly one thing: prioritizing traffic based on source and/or destination. The "neutrality" part is in reference to the content provider, not the type of traffic or anything else. Injecting advertisements should be illegal under wiretapping laws, with or without Net Neutrality.

    10. Re:Please, please, please by tomz16 · · Score: 1

      I agree with you in spirit. Angosticism to packet contents is logically a separate issue from bandwidth caps. However, the practical ramifications of both to the consumer are pretty much identical.

      Time Warner sells cable TV, digital voice, video-on-demand, and run their own web portal (with videos, music, etc.) Presumably none of these service would be affected by their bandwidth cap. In contrast, hulu, youtube, vonage, netflix, etc. would be billed at $1/GB (at cheapest based on the current plan).

      So while they haven't prioritized packets based on content/destination, they have made certain packets ludicrously expensive to the end-user (the packets that don't correspond to other Time Warner services). This effectively prioritizes packets using user behavior and economic principles. At the end of the day, does it really matter whether they use a piece of hardware to inspect packets and set QOS flags, or just use their grip on your wallet to drop those packets to a trickle.

      At the very least caps are an end-run around net neutrality that will equally stifle innovation and competition. More realistically it's the first wedge Time Warner is driving into the net-neutrality issue. Anyone want to take any wagers on how long it will be after the caps are entrenched that we start seeing "free-bandwidth partner websites?" (e.g. Proudly announcing, TWulu, now bandwidth-usage-free to Time Warner customers!)

    11. Re:Please, please, please by Dare+nMc · · Score: 1

      Can we not conflate unrelated issues

      I agree, except these are certainly related issues. IE the ISP's are trying to use both tools to stop competition with their related businesses. IE some DSL providers are using both tools to stop VOIP/Video chat from taking away their phone revenue, and Cable companies to stop video streaming... So these are both good examples of why regulation may be needed, and why the free market needs some regulations. I think the point of the article is valid, both don't need addressed by the federal government, only net-neutrality. In true monopoly situations, the local governments certainly need to consider both of these issues at the same time (but certainly not as the same issue.) If the Federal government takes care of net-neutrality, then bandwidth fees/caps will need close watching.

    12. Re:Please, please, please by GuyverDH · · Score: 1

      While I agree that getting what was advertised and paid for is not related to net neutrality, it sure as hell isn't trying to get free cake.

      It's irresponsibility and profiteering on the ISP's part that is now being called into question.

      If an ISP claims unlimited (you cannot redefine a word by throwing fine print at it) at a certain bps, then calculate what you can get downloaded in 365 days, divide by 12, plus a sludge factor for the good days when you get a little more than your *level*, and that should be what you can download without paying any more.

      The ISPs have gotten used to *THEIR FREE MEAL*, and now it's being taken away. Awww - I'd feel bad for them if they hadn't asked for it. They should have invested that free meal (users who use less than their paid for bandwidth) to keep their capacity above a low-water mark for utilization so that when the damn breaks, they're ready for it.

      Instead, they spent it on bonuses, widgets and gidgets unrelated to their business, and now they find themselves under the gun. Again I say, too damned bad. They put themselves in that position with bad business decisions and are now trying to re-write their end user agreements to enforce even more bad business decisions.

      We need to band together, form a class action lawsuit against all ISPs and force them to remove any and all fine print when using the words "unlimited", remove any caps, filters, interference from the lines, and stay that way.

      The free lunch/ride for the ISPs is over, now it's time they get to pay for the infrastructure to handle the bandwidth they've been selling and not providing for all these years.

      --
      Who is general failure, and why is he reading my hard drive?
    13. Re:Please, please, please by petermgreen · · Score: 1

      But they are related. It just requires you to look at the neutrality of the netwok as a whole rather than just the IP subset of it.

      Cableco networks are far from neutral and always have been. The cablecos TV service gets gauranteed broadcast bandwidth. Everything else (including third party TV services) has to put up with "best effort" IP unicast. Now they are making things even less neutral by capping the ammount of traffic a user can receive over that "best effort" IP unicast without paying (often extortionate) overage rates.

      --
      note: i'm known as plugwash most places but i screwd up registering that here somehow in the past and now can't register
    14. Re:Please, please, please by Alistair+Hutton · · Score: 1

      Yeah, I used content in the wrong manner. I was using it to not just mean the content of the package but also the header information.

      --
      Puzzle Daze is now my job
    15. Re:Please, please, please by eln · · Score: 1

      My post was an attempt at a joke that obviously nobody got.

    16. Re:Please, please, please by causality · · Score: 0, Offtopic

      Oh come on. He's not letting in illegal aliens to steal our bandwidth. He's letting them in to steal our social services because he and pretty much every other politician feels guilty about not paying their nannies and gardeners a livable wage. The liberal mind functions entirely in guilt-mode, and so they're perpetually trying to make everything "fair" (for everyone except themselves, of course) in order to compensate for the fact that they are always trying to screw people. This allows them to sleep at night after a hard day's work of disenfranchising Mexicans, squashing individual liberties and personal accountability, and deliberately using Fannie and Freddie to crush the economy as cover for an unprecedented power grab. It's a quid-pro-quo: You wipe my kid's bottom and cut my lawn, and I don't make you pay for social services via taxes like everyone else.

      This actually is the truth, and if I must be modded down to -1 for saying so then I accept that willingly. The only mistake this AC has made is succumbing to the same worthy opponent that challenges anyone who is willing to call things what they are. The worthy opponent is the temptation to be angry and upset at the injustice of it, be it real injustice or perceived, as though that negative energy had the power to effect change and bring about a world in which these power struggles are obsolete.

      Even more important than what you do is where you're coming from when you do it. Do you act out of courage and love because you can extend equanimity and grace to the worthy and the unworthy alike, or do you act out of spite and resentment because you cannot see these things in their undiluted ugly glory without losing whatever virtue you have? It's the Universe's way of asking you what sort of a man you are. So long as you are re-acting, everything you say and do is the effect of someone else's cause. That someone else is himself a mere effect of another cause in a long unbroken chain that has been handed down throughout the generations. There is no freedom in this and the fetters of slavery are made up of your angry resentful re-actions. There is a saying, "no one is more hopelessly imprisoned than he who falsely believes himself to be free."

      That capacity for anger is the you that isn't you because someone else's ignorance put it there. Only free beings can truly love because only in freedom can you know the difference between need that cries out to be satisfied and real unconditional love for all beings. Most human beings think that mutual need is love and thus they make a mockery of it without intending to do so. So they grasp for a man or a woman to meet those needs and they think the relief they feel when the needs are met is love, except that when relationships have this basis (most do) the "love" you have is enslaving, not liberating. Thus they give in order to get, be it comfort or affection or sex or anything else and so their giving is not pure; it is tainted.

      You can see this and you can see how it taints everything, from the fact that nearly all families are at least a little dysfunctional all the way up to the manipulation and control and dehumanization that is the basis of all modern politics. You can see this and rail against it and experience the suffering that comes from trying to force your will on anything. Usually the suffering is in the form of a sense of a crushing powerlessness, of wrestling with personal and political and spiritual forces that are far more powerful than "you" (that is, your will) are. When confronted with this, many people either respond with an apathy that is not genuine or they turn it inward and experience the myriad mental disturbances that psychologists with their "symptom" model cannot hope to understand, such as depression. The evidence that they do not truly understand it is that their models become increasingly complicated instead of increasingly simple. In fact, many people who suffer this way believe that they're not trying hard enough be

      --
      It is a miracle that curiosity survives formal education. - Einstein
    17. Re:Please, please, please by blitzkrieg3 · · Score: 1

      Net Neutrality has absolutely everything to do with content. ISPs these days provide these so called "tripple play" bundles that include TV, phone, and Internet access. If an ISP offers me internet access, but limits VoIP to a 2kbps connection, I won't be able to use Skype or a SIP provider. Thus the ISP's phone offering will suddenly become more attractive. Likewise if they limit video downloads with a certain transfer rate, I will want to use their Video on Demand service instead of Netflix, or I will need a cable subscription to be able to watch the Daily Show even though I have an internet connection with access to Hulu and comedycentral.com.

    18. Re:Please, please, please by causality · · Score: 1

      The FCC created this problem when it bowed to the wishes of the telcos and created an entirely new regime ("enhanced services") not governed by common carriage.

      Yeah, when I see a corporation or a governmental agency use a term like "enhanced services" it immediately raises a glaring red flag in my mind. It raises the question "enhanced for whom?" Of course, they themselves don't answer that question because it's clearly not an enhancement for the customers or for anyone else who loves freedom and does not celebrate another excuse to exert control. "Enhanced services" indeed: they call it marketing, I call it Newspeak.

      --
      It is a miracle that curiosity survives formal education. - Einstein
    19. Re:Please, please, please by noidentity · · Score: 1

      You're right, charging for bandwidth isn't against net neutrality.... it's CENSORSHIP!! And it's THEFT!!! It's in invasion of privacy!!! I think I covered everything. No, wait, it's also BRICKING OUR CABLE MODEMS outside our control!!! That covers all the term misuse.

    20. Re:Please, please, please by sgt+scrub · · Score: 1

      There is a lot of that going around.

      --
      Having to work for a living is the root of all evil.
    21. Re:Please, please, please by sgt+scrub · · Score: 1

      If you ask me, and my pretty pretty hat, "Enhanced Services" was a way for politicians to separate themselves from porn content providers and still back the bills that gave away spectrum to the telco's. I find it hard to believe that the timing is just coincedence.

      --
      Having to work for a living is the root of all evil.
    22. Re:Please, please, please by sgt+scrub · · Score: 1

      QoS/L7 handling only crossed into the area of net neutrality because when you shape traffic with those methods you can also examine it (content filter it). Now more than the original two camps have lumped QoS/L7 and content filtering together. One camp being "restrict what people can see" camp. The other "All your content are belong to us" camp. The argument that ISP's should provide what they say they are selling, bla bla bandwidth for bla bla money is not a moral question. It is cut and dry sell it for said price or your stealing timewarner cock suckers! Sorry. Anyway. The "content of the bandwidth should be filtered" people should have nothing to do with other issue because that IS a moral question.

      What I'm trying to say, and doing a poor job at it is, the people wanting to restrict content can be thanked for lumping it together so they have the ISP's money to back up their crusade in addition to the all your content are belong to us people the cable companies have lumped them together. The cable providers have a third reason though. They sell the same types of entertainment (tv/bandwidth) through the same media (cable) and charge customers twice. They are all boo hoo because they don't get to ass fuck people that are smart enough to just download media and only pay once. Since the downloaded content CAN be content that the "that content is evil & all your content are belong to us" the cable companies are all "yeah folks make our case for us so we can make all kinds of money and stuff". The worst part about it is if the net neutrality definition gets more thinned with this BS then the three assholes involved will win.

      --
      Having to work for a living is the root of all evil.
    23. Re:Please, please, please by Anonymous Coward · · Score: 0

      ...and keep Net Neutrality to mean one thing and one thing only, agnosticism to packets content.

      No, a thousand times no. Net neutrality is about the source and destination of the packet, not the content of the packet. It's about ensuring that websites cannot pay money to service providers to have their packets prioritized above other sites. It's not about ensuring that certain types of traffic cannot receive priority over other types of traffic. If the push for Net Neutrality results in service providers being prohibited from prioritizing VoIP traffic above BitTorrent traffic, it will make the net worse, not better.

      Source, not content. If supporters of Net Neutrality can't keep it straight, what chance to lawmakers have?

  2. Please summarize by BadAnalogyGuy · · Score: 4, Insightful

    "I bought an 'unlimited' plan that turns out to actually have limits. Now I don't want to pay because I didn't understand the contract I was signing. I think I shouldn't have to pay because I'm not a lawyer."

    1. Re:Please summarize by Sockatume · · Score: 0, Troll

      We can't accuse you of having a misleading name, that's for sure.

      --
      No kidding!!! What do you say at this point?
    2. Re:Please summarize by sadness203 · · Score: 0, Offtopic

      Not really, since European and Canadian do the same things, or fail to do it, actually.

      Americans doesn't have the monopoly of stupidity, even if they are working hard for it sometimes.

    3. Re:Please summarize by Jurily · · Score: 2, Insightful

      Summary: "I'm illiterate and don't think I should be held responsible for actions that I undertook myself."

      I suppose you read every piece of paper you signed your whole life.

    4. Re:Please summarize by PhxBlue · · Score: 3, Informative

      "I bought an 'unlimited' plan that turns out to actually have limits. Now I don't want to pay because I didn't understand the contract I was signing. I think I shouldn't have to pay because I'm not a lawyer."

      You're presuming both that the limits were set into the original contract, that they haven't changed since the customer agreed to the contract, and that the Internet provider -- in the event that it changed these limits -- made a fair and reasonable effort to contact the customer. I don't think these are presumptions we can safely make in the age of click-through EULAs that often include phrases such as "We can change the conditions of the contract at any time with no notice to you."

      --
      !#@%*)anks for hanging up the phone, dear.
    5. Re:Please summarize by Anonymous Coward · · Score: 2, Interesting

      I suppose you read every piece of paper you signed your whole life.

      Not necessarily. But I also don't cry "FOUL" after I've signed something that I was given an opportunity to read. In short, I take responsibility for my actions (or inaction).

    6. Re:Please summarize by Opportunist · · Score: 3, Interesting

      Actually, in my country, a contract made up entirely of cryptic legalese is void. Contracts have to be made in a language that a common, educated person can understand and comprehend its implications (rough translation of the law).

      Before we had that you had a quite good chance to have a piece of paper put under your nose with lots of paragraph icons and some arbitrary numbers sprinkled on the paper, where the only words you really understand are "sign here".

      --
      We used to have a Bill of Rights. Now, with the rights gone, all we have left is the bill.
    7. Re:Please summarize by Harik · · Score: 1

      UNLIMITED INTERNET ACCESS $49.99*

      <font size=-99>*usage charges apply</font>

    8. Re:Please summarize by mellon · · Score: 1

      Irony is dead.

    9. Re:Please summarize by smoker2 · · Score: 1

      Does it, anywhere in the contract, specify "unlimited data transfer" ? I assume you have an upper limit on your bandwidth, so unlimited data transfer cannot physically be correct. Therefore unlimited only refers to your connection, ie. they do not limit when you connect and for how long. Maybe you aren't old enough to remember AOL selling you 15 hours per month, but these days I can stay connected for an unlimited time with no extra charges. Don't try to complain that that is not what the average person would understand by "unlimited" as the average person doesn't know the difference between bandwidth and transfer allowance anyway. You appear to be trying to get something for nothing and are hoping the ignorance of the general public will back you up.

      Do you think an "unlimited mileage" warrantee would cover your car if you used it in a destruction derby ?

      I have an unlimited service but looking at my downloads this month I only have just under 6 GB of usage. And I torrent TV shows twice a week, and am on the net 24/7/365. WTF are you expecting ?

    10. Re:Please summarize by sexconker · · Score: 1

      Summary: "I've got no other viable option, so even though I do not like the terms in the contract, I must accept them in order to obtain this increasingly-critical service. I will then bitch about it because they're jerks, and because I fucking can."

    11. Re:Please summarize by pigeon768 · · Score: 2, Insightful

      My Time Warner contract does say "unlimited internet". Granted, my plan is not the $15 month plan outlined in TFA, but it still has a catchall (paraphrasing) 'Time Warner has the right to change the terms of this contract in any way they see fit for any reason' clause in there somewhere. Basically, it's no contract at all.

      I wouldn't expect an "unlimited mileage" warranty would cover my car if I used it in a demolition derby, nor would I expect an "unlimited internet" contract to cover my computer if I launched it in a catapult. However, I would expect an "unlimited mileage" warranty to cover my car if I drove it over 1,000 miles, just as I would expect an "unlimited internet" contract to cover bandwidth over 1 GB/month.

    12. Re:Please summarize by Z34107 · · Score: 1

      I suppose you read every piece of paper you signed your whole life.

      Yes, actually. It's a really good idea.

      --
      DATABASE WOW WOW
    13. Re:Please summarize by Anonymous Coward · · Score: 0

      "I bought an 'unlimited' plan that turns out to actually have limits. Now I don't want to pay because I didn't understand the contract I was signing. I think I shouldn't have to pay because I'm not a lawyer."

      your an idiot, that's what you get for assuming. dont use technology you dont understand, yes, you should have to pay, and no i dont work for them, I am a huge bandwidth hog myself, and completely understand what's going on; I want to pay for a "real" unlimited service, but it's not available yet.

    14. Re:Please summarize by Anonymous Coward · · Score: 0

      I suppose you read every piece of paper you signed your whole life.

      Yes, and I pause for a moment to glare at people who hand me three sheets with a signature line and then are shocked when I don't just flip to the end and sign.

    15. Re:Please summarize by shermo · · Score: 1

      You didn't?

      --
      Insanity: voting in the same two parties over and over again and expecting different results
    16. Re:Please summarize by mdwh2 · · Score: 1

      I'm not sure why you write as if it's the consumer being unreasonable - if the company advertises "unlimited", but then can't actually offer what it advertised, that's tough and I have no symapthy for their whining.

      And whilst a company can charge rates if it advertises up front, that doesn't mean it gets to arbitrarily charge fines (or otherwise hidden costs). The company does not make the law.

      If people go over what they're allowed, then the company can always block access for the rest of that month. If they allow the customer that access, I don't see how a "fine" is reasonable or meaningful.

    17. Re:Please summarize by mdwh2 · · Score: 1

      Indeed - and there's more to it. Even if they read it, keeping track of things like download usage is hard for the user (but evidently easier for the ISP to do - so why not simply restrict rather than taking the opportunity to "fine"?) Contracts are not enforceable simply upon signing it - the person must have reasonably been aware of the costs, and the costs imposed must be reasonable. They don't get to charge you a million quid, even if someone signed it.

  3. ToS that nobody reads by brian0918 · · Score: 1, Insightful

    Imagine if the opposite principle were accepted -- that websites and software vendors could do anything they wanted as long as they put the right disclaimer in the 23rd paragraph of their site's or program's "Terms of Service" that nobody reads.

    Your whole argument for Net Neutrality hinges on this. Clearly there is a huge incentive for a company to read through these lengthy documents and bring this stuff to people's attention, so that people who don't have the time to read long contracts or ToS can know about it. If people choose not to read something before signing it, they are not being "defrauded" if and when the unexpected comes to pass. There is a free market solution to this. As VeriSign does for online security, and Underwriters Laboratories for product safety, and Consumer Reports for product quality, so goes for contracts. Companies would build up their name by providing the public with useful and accurate information at the lowest possible cost.

    1. Re:ToS that nobody reads by drinkypoo · · Score: 1

      If you could even imagine the amount of liability that would involve you would never have suggested it. Such an organization can only exist if funded by consumers or by the government (heh) because it would exist only to say bad things about companies and it would have to defend itself in court continually. Absolutely the only way to resolve this problem is to pass a law saying that the contract must be written in plain and simple English. This would probably cause innumerable conflicts with the accepted legal meanings of laws. The solution is to actually throw it all away and start over, but that will never happen without cataclysm or coup.

      --
      "You're right," Fisheye says. "I should have set it on 'whip' or 'chop.'"
    2. Re:ToS that nobody reads by Anonymous Coward · · Score: 0

      Your model works until you add in structural monopolies. When there is a regional exclusivity that cannot be changed by either would-be competitors or local governments you don't get the free-market choice. Despite how much I dislike it, we NEED the operators to have an exclusivity because otherwise they wouldn't be financially sustainable. The trade off was supposed to be that consumer rights would be safeguarded from abuse of monopoly, but lobbyists saw to the end of that. As more people start doing more things online the lobbyists will lose and internet will be recognized as a utility (as it should be), but the next ~20 years while that slowly happens are going to be frustrating for people like me.

    3. Re:ToS that nobody reads by mahsah · · Score: 1

      Consumers or the government? Why not have the companies just pay to have their contract certified...?

    4. Re:ToS that nobody reads by richlv · · Score: 1

      ...or plain and simple local language ;)
      while i think such a clause should be enforced on any legislative document in any country, another choice would be to host such a site in another country. ok, only until they block it with some secret blocklist, where divulging information about what exactly is blocked can be a criminal ofense...

      --
      Rich
  4. False Neutrality by Aranykai · · Score: 4, Interesting

    I regularly check the ToS of the two providers in my area, because they both suck, but some times one sucks less than the other. Both have big, broad sweeping claims that they are both supporting and adhering to net neutrality principles, yet they both also flat out state they prioritize VOIP service and degrade bittorrent traffic.

    To me these statements are completely contradictory. I don't recall my neighbors choice to use his internet as a phone making my choice to use mine as a TV any less valid, yet that is in effect exactly what they are stating.

    Am I wrong?

    --
    If sharing a song makes you a pirate, what do I have to share to be a ninja?
    1. Re:False Neutrality by Sockatume · · Score: 2

      If they were degrading Hulu streams, you'd have more of a point. Bittorent is just any old high-bandwidth file transfer as far as they're concerned though, and therefore low priority.

      --
      No kidding!!! What do you say at this point?
    2. Re:False Neutrality by Dan541 · · Score: 1

      No your correct.

      That ISP is NOT network neutral, they are either dumb or flat out fraudulent.

      I suspect those two statements might have been written by two different people, at least one of whom has their facts wrong. There's still no excuse though.

      --
      An SQL query goes to a bar, walks up to a table and asks, "Mind if I join you?"
    3. Re:False Neutrality by Anonymous Coward · · Score: 1, Interesting

      Yes, you are mostly wrong.

      Prioritizing one service over another is QoS shaping, and is not the issue we're talking about with Net Neutrality. In fact, it's generally good network management.

      Now, if they're actively degrading Bittorrent transfers, instead of just putting them on the bottom of the QoS stack when there is other, higher-priority traffic on the line, then you have an argument about them providing poor quality service, but it's the same as blocking port 80 outbound so you don't run a local web server: that should be disclosed as part of the services they offer on their network, so you can pick and choose your provider.

      Net Neutrality, however, is explicitly the case where an ISP prioritizes or degrades traffic based on whether or not the external site has paid them money. In other words, until Google pays your ISP some sort of fee ("provider subscription", "service fee", "protection money", etc), then your connections to YouTube get thrown at the bottom of the stack, or even bandwidth throttled if your ISP is completely evil. This means that your ISP is getting money for BOTH ends of the connection.

    4. Re:False Neutrality by johnsonav · · Score: 2, Informative

      That ISP is NOT network neutral, they are either dumb or flat out fraudulent.

      There's a world of difference between QoS and network neutrality. The examples he cites are QoS related, and have nothing to do with network neutrality.

      --
      ... and that's when the C.H.U.D.'s came at me.
    5. Re:False Neutrality by Aranykai · · Score: 1

      The prioritized voice services are something they sell to you at additional cost, competing with services such as vonage. I fail to see how that is related to QoS.

      --
      If sharing a song makes you a pirate, what do I have to share to be a ninja?
    6. Re:False Neutrality by rasjani · · Score: 2, Funny

      Bittorent is just any old high-bandwidth file transfer as far as they're concerned though, and therefore low priority.

      I wouldnt want to be in the isp helpdesk on WoW patchday if my isp would even consider that 0)

      --
      yush
    7. Re:False Neutrality by drinkypoo · · Score: 3, Interesting

      No, that's still irrelevant. If you're an ISP you provide an internet connection, and the internet doesn't give a fuck about the contents of your packet so long as you got the IP part right. The only kind of QoS an ISP can do without being a fucker is the kind where interactive traffic gets bumped to the front of YOUR queue, but every subscriber should still have a fair shot at their percentage of the currently available bandwidth. If there's not enough bandwidth to do VoIP without QoS putting my VoIP ahead of your torrents then there is a serious problem. But the only kind of QoS that need be applied to protect your neighbor's right to his share of the bandwidth is the round-robin-by-subscriber kind.

      --
      "You're right," Fisheye says. "I should have set it on 'whip' or 'chop.'"
    8. Re:False Neutrality by johnsonav · · Score: 1

      In your original post, you didn't specify that the VOIP they were prioritizing was their own.

      --
      ... and that's when the C.H.U.D.'s came at me.
    9. Re:False Neutrality by Anonymous Coward · · Score: 1, Insightful

      There's a world of difference between QoS and network neutrality.

      No, there isn't. QoS should never be applied by the ISP, other than by limiting your total bandwidth usage (in whatever form it may be) during high traffic times if they can't handle it, in order to make sure others still have their bandwidth. Prioritizing services is something they certainly should not be allowed to do, and that type of QoS should happen at YOUR router so you can prioritize what YOU think is important.

      After all, once you let Time Warner decide they can prioritize voip traffic over other traffic, what's to stop them from prioritizing their voip service over something like vonage? On their end, all packets should be equal.

    10. Re:False Neutrality by johnsonav · · Score: 2, Informative

      After all, once you let Time Warner decide they can prioritize voip traffic over other traffic, what's to stop them from prioritizing their voip service over something like vonage?

      When they prioritize traffic based on its type (VOIP, FTP, HTTP, etc.), that's QoS shaping. When they prioritize traffic of the same type, based on its destination or origin, that violates network neutrality.

      If they give higher priority to VOIP traffic, regardless of the provider, that's just QoS shaping. When they prioritize their own VOIP offering over a competitor's, that violates network neutrality.

      They are very different concepts.

      --
      ... and that's when the C.H.U.D.'s came at me.
    11. Re:False Neutrality by Harik · · Score: 3, Informative

      I've got to disagree here - it's a bad network design that treats bulk downloads the same as as time-critical packets. Your VoIP call should absolutely be prioritized above my bittorrent download - and it's easy to show why. In a congestion situation, proper QoS means that downloads may take a little longer - but VOIP STILL WORKS AT ALL.

      Now, throttling torrents to modem speeds is wrong, but traffic shaping isn't the same thing as queuing priority. And honestly, unless your neighbor is running a call center, your bittorrent client is only competing with other big downloaders.

      Streaming video (not video conferencing) is interesting as well - unlike VoIP it's not as time sensitive, you can have a 10 second buffer without significantly degrading the call. As long as you can sustain an average bandwidth within a given buffer-size window, your streaming video still works. It's a tough call, because it is time sensitive, but not AS time sensitive as VoIP is, and you have to distinguish between them.

      Of course, you also shouldn't oversell your bandwidth 100:1 or worse...

    12. Re:False Neutrality by sexconker · · Score: 1

      Simply host the patch on your servers so your customers can get it extra fast.

      Call up Blizzard and they'll likely help you out.

      Or you know, just tell your employees to leave the Blizzard Downloader running while they play, to help out.

    13. Re:False Neutrality by causality · · Score: 2, Insightful

      If they were degrading Hulu streams, you'd have more of a point. Bittorent is just any old high-bandwidth file transfer as far as they're concerned though, and therefore low priority.

      I mean no offense but I think you yourself may be missing the point. I can't speak for everyone but I'll explain to you what I want and I hope that will elucidate the viewpoint. I want a completely neutral, disinterested carrier. This carrier merely delivers my IP packets on a best-effort basis with absolutely no regard for the content of those packets. They don't decide that one type of transmission needs higher priority and they don't decide that another type of transmission needs lower priority. They don't analyze my data for the purpose of serving advertisements, nor do they do this for any other reason. In short, they are merely the pipe. If I need VoIP traffic to have priority over BitTorrent traffic, then I will perform my own prioritization and traffic shaping. If that's not quite as effective as what an ISP can do, I will accept that as a fair trade-off.

      It bothers me that so many things are heading down the path of "we know what's good for you." That's not specific to ISPs at all. The idea of "we (the centralized entity of some sort) know what's good for you" has been put to the test throughout history, in many different forms, again and again. It has failed each time it has tried, unless your definition of success includes conditioned helplessness and a rejection of free will. Each new form of this idea is presented as though it were truly new and it isn't. How many iterations do we need to experience before we realize that there are only a few important principles that govern many thousands of things, and that this path is the wrong way to go?

      --
      It is a miracle that curiosity survives formal education. - Einstein
    14. Re:False Neutrality by sexconker · · Score: 1

      Yup.
      If you don't have the capacity, don't advertise like you do.
      Fucking around with choking people is a dead end, all it does is put off the "Maybe we'll upgrade ..." date further and further.

    15. Re:False Neutrality by Imagix · · Score: 1

      As you have presented it, yes you are "wrong" under the definition of net neutraility that I prefer. (It seems you prefer the definition of pass all bits equally, which is probably an equally reasonable definition of net neutrality.) They're being source and destination agnostic, and doing traffic prioritization based on protocol. What you haven't said they're doing is prioritizing their own VoIP over general VoIP. That would be non-neutral.

    16. Re:False Neutrality by maxume · · Score: 1

      What if I want to pay less for a lower demand service? I bring this up because a regulator probably needs to have some sort of answer to that question.

      I think the best long term solution is to require ISPs to completely separate themselves from media companies, and then separate the physical plant off from any operations that provide bits (VOIP, VoD, Cable, etc.). The company in each of those segments is then going to be more interested in serving customer interests than in serving the interests of the conglomerate.

      --
      Nerd rage is the funniest rage.
    17. Re:False Neutrality by vux984 · · Score: 1

      To me these statements are completely contradictory.

      They aren't. Network neutrality relates to degrading packets based on where they come from (and extracting payments from those external sources to restore priority). QoS relates to prioritizing packets based on what service they represent.

      Some services need better connections than others. Voip, First-Person-Shooters, etc need good connections. email & bittorrent don't. If the pipe is congested it makes perfect sense to drop email / bit torrent packets to keep the voip and games running smoothly.

      I don't recall my neighbors choice to use his internet as a phone making my choice to use mine as a TV any less valid, yet that is in effect exactly what they are stating.

      Get over yourself. Your torrents take a couple extra minutes at worst. Do you recall your choice to use bittorrent making his choice to use voip COMPLETELY invalid, as in, it doesn't work because of packet loss.

      Or maybe you are of the school that says the ISP should buy more capacity so they don't this problem?

      If so, get over yourself.
      1) You don't want to pay more. And they would have to raise rates to add bandwidth.
      2) There isn't a realistic amount they could add that would ever be enough anyway.

      Bottom line, learn the difference between net neutrality and QoS. And even if you disagree with QoS, that's fine, but don't confuse yourself into thinking it has anything to do with net neutrality.

    18. Re:False Neutrality by wile_e8 · · Score: 1

      Here's an article I found a while back that helps explain the differences between QoS and net neutrality: Link

      Essentially, giving priority to services that need instant data transfer to be effective, like VOIP, is a good thing. That's QoS. Giving priority to packets based on who is sending/receiving is a bad thing, which is the point of net neutrality.

    19. Re:False Neutrality by drinkypoo · · Score: 2, Insightful

      I think you totally missed it. If you have packet queueing based on customer, and you deliver the packets round robin, then as long as you have 128kbps or so for every active customer, VoIP will still work fine. If you don't, then you're pretty well fucked anyway.

      --
      "You're right," Fisheye says. "I should have set it on 'whip' or 'chop.'"
    20. Re:False Neutrality by Aranykai · · Score: 1

      I call straw man. The reverse could be said of people who use voip to avoid paying for higher cost telephone service that doesn't have to compete with other traffic. If they don't want to pay more, they can use the internet instead and expect everyone else to slow their choice use of the internet for their latency?

      Neutrality means indifferent treatment of all packets, regardless their purpose, destination or source. Last I checked its not 'Selected Network Neutrality'.

      --
      If sharing a song makes you a pirate, what do I have to share to be a ninja?
    21. Re:False Neutrality by causality · · Score: 1

      What if I want to pay less for a lower demand service? I bring this up because a regulator probably needs to have some sort of answer to that question.

      I think the best long term solution is to require ISPs to completely separate themselves from media companies, and then separate the physical plant off from any operations that provide bits (VOIP, VoD, Cable, etc.). The company in each of those segments is then going to be more interested in serving customer interests than in serving the interests of the conglomerate.

      I think total bandwidth is a good way to address that concern. These are made-up numbers but I hope they illustrate the point. Let's say my ISP offers 756k downstream and 256k upstream speeds at $25/month. That same ISP can also offer 3mbit downstream and 756k upstream at $40/month. Of course there are many different ways that this could be arranged. The important thing is that neither plan has to be metered or micromanaged in any way for this to work quite well. I think the only problem is that it's almost too simple. I don't mean this to sound so much like a condemnation but human beings in general sometimes have a hard time leaving well enough alone.

      --
      It is a miracle that curiosity survives formal education. - Einstein
    22. Re:False Neutrality by Aqualung812 · · Score: 1

      Then buy a T1, T3 or other dedicated service. You'll get exactly the bandwidth you pay for, and you can use it 100% every hour of every day.
      Don't want to pay that much? Then deal with being pooled in with everyone else, or maybe you'll get a 128k connection you can use in the way you'd like.
      Personally, I want a 6mb connection that gives me 2-3mb most of the time. If my neighbor is downloading a torrent and using up OUR connection, I think my 100k VoIP call gets priority over his 6mb of traffic, leaving him 5.9mb to use.
      Just don't look at where the packets are coming or going to, that's all I ask.

      --
      Grammer Nazis - I mod you "troll" unless you actually add something on-topic. Yes, I know I have mispellings in my sig.
    23. Re:False Neutrality by vux984 · · Score: 1

      I call straw man.

      I wouldn't. It will make you look foolish.

      The reverse could be said of people who use voip to avoid paying for higher cost telephone service...

      1) as opposed to you who transfer files via bittorrent instead of ordering CD/DVDs of the data via snail mail the way it used to be? Or instead of dialing long distance to modems attached to the systems that have data you want?

      2) voip is the future; eventually there will be no dedicated phone service in a lot of places. And even today, a lot of POTS in some countries is bridged to the internet. QoS isn't going away. QoS shouldn't go away.

      As someone who uses both voip and torrents I actually noticed my own call quality degrade when I had torrents running full bore. So I use QoS to prioritize voip on my lan. It made a big difference and its a feature I appreciate.

      If they don't want to pay more,...

      Bandwidth is a limited resource. There are two ways of dealing with this.

      Either we:

      a) pay for the priority of our packets, and even allocate which packets have priority. e.g. the ISP charges $5 for 1GB MB high, $1 for 1GB regular, and $0.20 for 1GB low. So you set Windows/Linux updates and torrents to low, and voip to high... leave everything else and get your monthly bill. If you want your torrents a few secodns faster you can bump them up to high too, and pay through the nose for them. ...or...

      b) The ISP can give you reasonable bandwidth cap, and manage things intelligently to deliver all its customers the best possible service, so that all internet applications are usable and run well.

      Most ISPs have gone with b) for now, but if you'd prefer an a) model, tell your ISP that's the route you'd prefer; I'm sure if enough people want to pay per GB per QoS level, the ISP will accomodate you.

      Neutrality means indifferent treatment of all packets, regardless their purpose, destination or source.

      In a dictionary reading of the word "neutrality", perhaps.

      But "Network Neutrality" as an issue, as a matter of public policy, refers ONLY to differential treatment of packets based on their source/destination (ie... whether the packets are from youtube vs yahoo), and whether ISPs can extract payment from yahoo or google to alter the treatment.

      Last I checked its not 'Selected Network Neutrality'.

      And the word 'Network' applies to sewers, arteries, road systems, electicity distribution, canals, social networks...

      So if you are in favour of "Network Neutrality" does this mean you think all networks must be neutral? That ambulances shouldn't have right of way? That the power company shouldn't prioritize restoring electricity to the nuclear plant and railyards before it restores power to a few farms on the edge of town? That you shouldn't be able to have different levels of access to contacts on facebook?

      Last I checked it was called "Network Neutrality" not "Internet Neutrality". See how stupid it is to apply dictionary definitions to something like this.

      "Network Neutrality" as an issue, has nothing to do with road networks, nothing to do with television networks, and nothing to do with service based QoS packet prioritization.

    24. Re:False Neutrality by Wildclaw · · Score: 1

      When they prioritize traffic based on its type (VOIP, FTP, HTTP, etc.), that's QoS shaping.

      No, having the ISP prioritizing based on traffic type without your explicit permission is just as much a violating of network neutrality. It is just that this specific subtype goes under the name of QoS. A form of network neutrality violation that hits all those services that use a specific protocol uniformly.

      If they give higher priority to VOIP traffic, regardless of the provider, that's just QoS shaping

      But there are multiple VOIP protocols and they will only prioritize the specific protocol that they want.

      You can't have net neutrality if you allow protocol prioritization, because it prevents competitors from coming in with new/better protocols.

      They are very different concepts.

      Not really. They are two sides of the same coin.

    25. Re:False Neutrality by Fulcrum+of+Evil · · Score: 1

      Bandwidth is a limited resource. There are two ways of dealing with this.

      Don't be a freeper. The reason they're pushing for these caps and fees is to protect their TV business. They aren't hurting for capacity.

      Most ISPs have gone with b)[bandwidth cap] for now,

      Get back to me when comcast has a traffic meter so you can see if you're close and charges something close to reasonable fees for overage. I couldn't give a rip if my limit was 150G/mo with $.25/GB over that.

      Also, fix your quoting.

      --
      "We returned the General to El Salvador, or maybe Guatemala, it's difficult to tell from 10,000 feet"
    26. Re:False Neutrality by Simon80 · · Score: 1

      Net Neutrality, however, is explicitly the case where an ISP prioritizes or degrades traffic based on whether or not the external site has paid them money.

      That case violates network neutrality, but the issue of money is irrelevant. Generally, it's a good idea to do research before lecturing others, so that you don't end up telling someone that they're wrong, when really they are right, and you are wrong.

      Here are two example definitions of net neutrality from [1] and [2]:

      If I pay to connect to the Net with a certain quality of service, and you pay to connect with that or greater quality of service, then we can communicate at that level.

      A neutral broadband network is one that is free of restrictions on content, sites, or platforms, on the kinds of equipment that may be attached, and on the modes of communication allowed, as well as one where communication is not unreasonably degraded by other communication streams.

    27. Re:False Neutrality by vux984 · · Score: 1

      Don't be a freeper.

      A what now?

      The reason they're pushing for these caps and fees is to protect their TV business. They aren't hurting for capacity.

      All ISPs are pushing for caps, even those that don't have TV services.

      Get back to me when comcast has a traffic meter so you can see if you're close and charges something close to reasonable fees for overage.

      My broadband ISP (shaw) has this feature and my mobile provider (telus) has this feature too. I'm actually surprised comcast doesn't.

      As for the reasonable fees for overage, personally I favor a notification and bandwidth throttle instead. I think most users would rather have their service cut back than to start racking up charges, even reasonable charges. And then those customers that want their speed back could choose to up their plan, or authorize payment for a few extra GB or whatever.

      Also, fix your quoting

      Meh, I don't care for this look.

  5. as long as all bytes are equal by rev_sanchez · · Score: 4, Insightful

    As long as they don't factor in where the bytes are coming from when it comes to calculating usage then it shouldn't be a Neutrality issue. If some provider like Time Warner had an agreement that overages from Hulu were OK but overages from Youtube weren't then we'd be looking at a Neutrality issue.

    --
    If you didn't come to party don't bother knocking on my door. Prince '1999'
    1. Re:as long as all bytes are equal by sumdumass · · Score: 1

      I see what your saying and agree to an extent.

      My disagreement is within after the consumer gets what they paid for. What I mean is that if your ISP advertises Speeds up to 10M always on and Hulu strikes a deal to deliver at 15M, then as long as your ISP does nothing to restrict the delivery of YouTube to below their advertised speeds or limits in usage, then everything is fine and the consumer gets more then they paid for.

      Net neutrality is about purposely robbing the users and paying customers by taking acts restricting them to below their expected and advertised speeds or usage because of a payment of third parties. As long as the customer gets what they paid for and the ISP nor anyone working on their behalf, does anything to restrict that, we are fine with giving more. I also understand that network speeds can be effected by a number of things and advertised speeds aren't always possible. The point of it is that when the ISP takes steps or directs another entity to take steps to deliver less.

    2. Re:as long as all bytes are equal by metamatic · · Score: 5, Insightful

      And that's exactly the problem.

      Time Warner already offer streaming ESPN. You can bet they won't be including those GB in your 5GB a month. So effectively, punitive per-GB data transfer fees are a way to violate net neutrality for video services.

      --
      GCHQ Quantum Insert installed. If only our tongues were made of glass, how much more careful we would be when we speak
  6. Huh? by Richard_at_work · · Score: 2, Insightful

    If company A sells something to company B which company B then re-sells to the public, but company B almost certainly cannot resell the good without committing fraud as outlined above, then company A is complicit in the fraud as well. Some of AboveNet's defenders argued that they mostly sold Internet connectivity to ISPs, not to the public, and the ISPs knew that the connections were filtered. Even assuming this were true, the ISPs still would not be able to re-sell the service to the public without representing it as "regular Internet access" â" nobody would pay full price for a broken or degraded connection when a competitor could offer a regular connection for the same price.

    Surely thats simply a case of 'if people aren't going to buy your product, why aren't you sourcing a replacement supplier?'

    If you are willingly buying the degraded product from your supplier, and the supplier is not hiding the fact that it is degraded in some way, then I don't see why the supplier should be complicit in the fraud that you willingly went on to conduct.

    The argument as presented in the summary just seems absurd in that regard.

    1. Re:Huh? by NeutronCowboy · · Score: 1

      You're assuming there's a replacement supplier available. In the case of ISPs, there are few choices, and sometimes no direct competitors (cable != dsl != fiber != satellite). And sometimes, there really is only one ISP that provides internet access with sub-second latency.

      --
      Those who can, do. Those who can't, sue.
  7. Time Warner!? by noundi · · Score: 0

    Who the hell in his/her right mind pays for an internet service even remotely related to Time Warner!? This is the internets Satan we're talking about, and not the cool guitar playing kind, but the lawyer without conscience kind.

    --
    I am the lawn!
    1. Re:Time Warner!? by Anonymous Coward · · Score: 3, Informative

      I don't have a choice if I want more than 384KB down/25KB up.

      In many places yes, there are at least 2 internet providers. (Time warner Cable modem, and DSL).

      Unfortunately, It seems that DSL infrastructure is not being maintained at the same rate/frequency, and DSL technology is also not progressing at the same rate (i.e Docsis 3 etc)).

      This means that either you live next to the DSLAM, and can get OK (but not truly competitive speeds), or you can pay twice as much and get 12mB/1mB through TimeWarner.

      That's it. Those are your two choices.

      I hate TimeWarner with a passion, but I either cut the cord, eliminating internet, or go back to what is a tiny bit better than shotgun dialup.

    2. Re:Time Warner!? by sadness203 · · Score: 1

      Then start your own ISP.

      I've heard IPoAC was relatively cheap to setup.

      It should be WAAAAY better than dialup, unless it's the mating/hunting season, then you'll lost packet like hell.

    3. Re:Time Warner!? by Dragonslicer · · Score: 1

      Who the hell in his/her right mind pays for an internet service even remotely related to Time Warner!? This is the internets Satan we're talking about, and not the cool guitar playing kind, but the lawyer without conscience kind.

      You clearly never had to deal with Adelphia. And from what I've heard, Comcast is no better (I've never had any real problems with either Time Warner or Comcast). Verizon's DSL was pretty bad the last time I had it, too; multiple tech support people told me that Verizon doesn't block any incoming ports, which was certainly not true.

  8. Why we need net neut by ArcherB · · Score: 3, Insightful

    The whole point of Net Neutrality is that an ISP can not treat packets differently based on their type or destination. Here are some examples of why Neutrality is a good idea:

    What is to stop TW from blocking or slowing packets related to Vonage's service in order to push their own? What would stop TW from creating their own search engine and blocking Google, Yahoo, and MSN?

    The whole point is that TW can create its own version of any service currently provided by the web and choke off their competition or charge extra for access to their competition. When there is only one game in town, that's monopoly abuse. That would be like your power company selling toasters with a special plug and charging extra or blocking users from buying a competing toaster.

    As for usage caps. I really hate it, but I can't really find a good argument against this one. Unfortunately, Internet service is like a utility, or should be, and every utility is based on usage. This is why competition is good. Once a utility has competition, they are forced to compete and lose their monopoly status.

    --
    There is no "I disagree" mod for a reason. Flamebait, Troll, and Overrated are not substitutes.
    1. Re:Why we need net neut by sumdumass · · Score: 1

      The whole point of Net Neutrality is that an ISP can not treat packets differently based on their type or destination unless it is in excess of what the consumer is paying for.

      There, Fixed that for you.

      The problem is generally with what the consumer pays for. if they get extra, all is still fine. If another service is degraded or restricted in order to do that, then there is a problem. As long as the customer gets what they paid for, then anything extra is fine.

    2. Re:Why we need net neut by Silentknyght · · Score: 1

      As for usage caps. I really hate it, but I can't really find a good argument against this one. Unfortunately, Internet service is like a utility, or should be, and every utility is based on usage. This is why competition is good. Once a utility has competition, they are forced to compete and lose their monopoly status.

      The conversation shouldn't be going "From Unlimited to Caps!" but "From Unlimited to Per Unit!". With caps, if you use less than your cap, you're not getting the cheapest $/unit you could, (you "lose"); if you use more than your cap, you pay punitatively-high overages (you "lose").

      Either way, you lose. Either way, the supplier wins. The solution in the best interest of the consumer is a per-unit rate. Like the power company, you pay for what you use.

    3. Re:Why we need net neut by Hatta · · Score: 1

      As for usage caps. I really hate it, but I can't really find a good argument against this one.

      That's easy. Bandwith is not limited like a natural resource. We can make all the bandwidth we need. If the customers want too much bandwidth, make more and sell it to them at a fair price. Restricting supply just so you can charge exorbitant prices is cartel-like behavior. Charging excessive fees for overages only encourages the ISPs *NOT* to invest in more bandwidth.

      --
      Give me Classic Slashdot or give me death!
    4. Re:Why we need net neut by Anonymous Coward · · Score: 0

      Internet service is like a utility, or should be, and every utility is based on usage.

      Are you charged per local telephone call, or by how many hours you spent last month watching television? We can't compare Internet service to essential utilities like water or electricity -- it falls into the "luxury utility" or "service" category, like telephone or cable -- both of which have models that are on an unlimited usage plan. Cell phone carriers can have their wacky "nights-weekends-solstice-blue moon" plans because that's how their model has worked from the beginning. If they were all flat rate plans and then decided to charge per minute, people would have a hissy fit...

    5. Re:Why we need net neut by misexistentialist · · Score: 1

      I've never heard of a utility that caps usage. Most charge less for per unit for high users. This is the only way to maximize profit, but using a scaled rate is basically equivalent to the internet speed tiers that are already in place. The issue was never fairness or limited bandwidth. The cable companies are making great profits on internet and could easily upgrade, but they need to protect their TV business or their profits will suffer.

    6. Re:Why we need net neut by Anonymous Coward · · Score: 0

      As for usage caps. I really hate it, but I can't really find a good argument against this one.

      I can think of a million reasons to hate it.
      Downloading movies/shows from Netflix or watching them through a streaming video site?
      Downloading a game through STEAM or through a direct link hosted by the publisher's website(e.g. Sony's launcher service to download their hosted games)?
      And just try using Bittorrent with a 5GB cap when one night of seeding(without even downloading) to peers at just 35kB/s will use up half of it.

      A lot of people wouldn't last a day, let alone a month.

    7. Re:Why we need net neut by Anonymous Coward · · Score: 0

      I'm a fucking moron.

      There, fixed that for you. HAHA SEE HOW CUTE, CLEVER, AND FUNNY I AM?

  9. Car Analogy Missing by Anonymous Coward · · Score: 2, Funny

    Could someone please boil this down to a non-sensical car analogy?

    Thanks.

    1. Re:Car Analogy Missing by relguj9 · · Score: 1

      The Time Warner issue is like a gas company having given you an "unlimited gas" plan usable only at a fixed rate of consumption. Then planning to change their plan to charge you for a certain amount (say, 50 dollars for 25 gallons) and then an extra 20 dollars per gallon after you go over.

      The net neutrality issue would be like your car being designed such that gas from BP only pumps into your car at a rate of 1 gallon per 3 minutes, whereas Shell pumps into your car at 1 gallon per second.

      (Of course, these analogies are useless because Time Warner doesn't have to pay per bit trafficked. They maintain a fixed cost system with a maximum throughput. The only extra cost would be increasing the throughput. Ass holes.)

    2. Re:Car Analogy Missing by sadness203 · · Score: 0

      You are mixing QoS and net neutrality.

      Net neutrality, in a car analogy implies that the car is made for one type of pump only. You have to pay, or the pump owner have to pay, to put gas from another pump inside your car. Thus making you dependent of a company.

      Or they sell you a radio in your car, but you can just listen to a specific frequency only, blocking the other one around (Unless they pay, too)

    3. Re:Car Analogy Missing by relguj9 · · Score: 1

      You are mixing QoS and net neutrality. Net neutrality, in a car analogy implies that the car is made for one type of pump only. You have to pay, or the pump owner have to pay, to put gas from another pump inside your car. Thus making you dependent of a company. Or they sell you a radio in your car, but you can just listen to a specific frequency only, blocking the other one around (Unless they pay, too)

      No confusion, data discrimination is clearly a violation of net neutrality. It doesn't matter if it's just an adjustment of speed or a surcharge for particular data.

  10. Point 3 is just wrong by Anonymous Coward · · Score: 0

    It is not company A's fault if company B re-sells their filtered service without telling their customers. Company A cannot be held liable for omissions of Company B. The phrase "almost certainly" is subjective bollocks. Company B is perfectly able to advertise the service as it is and still sell it, if we assuming the filtering is in the user's interest. Company A no doubt believes the filtering is in the user's interest. Therefore, Company A cannot predict that Company B would lie about it.

  11. Implemented in Canada by DarthVain · · Score: 0

    Hooray for us! Once again ahead of the curve!

    Seriously Cogeco Cable (Rogers Communication) just started doing this.

    They were kind enough to send out a notification of buggery this time. They didn't do that when they implemented caps, only posted to an obscure website.

    However note that the going rate for bandwidth is about 6 times market value. Teksavvy on their limited account has a cap of 200mb, and 0.25$ above that, and you can also pre-buy 100GB for 10$ if you like so 0.10 a GB. Cogeco is currently charging 1.25$ per GB.

    Also note the only way to check your bandwidth is to log on your Cogeco account, which most people probably do not use or have set up. However to their credit, it used to be a separate even more obscure website before that, and before that you had to call tech support and wait an hour for a person to actually tell you. So they are getting better... sort of. They are only kinda evil in a non-competitive incompetent sort of way. Well sort of reverse competitive with Bell anyway to keep prices high and services low anyway. I hear Bell is set to implement the same policy soon. Same GB prices as well, go figure.

    Like Bell they are always quiet about the whole shaping/throttling issue, through granted most users wouldn't know the difference anyway.

  12. Bandwidth limits are ok, provided ... by Anonymous Coward · · Score: 0

    Bandwidth limits are ok, provided the ISP provides
    a) historical bandwidth usage - say the last 12 months
    b) hourly updated usage
    c) tiered usage pricing

    An ISP shouldn't be allowed to say "you've used 50GB of bandwidth this month" out of the blue, then cancel my connection. I need an opportunity to
    1) be notified of my usage patterns
    2) be provided with a personalized web site providing hourly household bandwidth tracking
    3) 3 months notice of "eviction", just like water, electric, gas, and housing mandates

    So the ISP should provide at least 4 monthly tiered plans:
    10GB ($15), 20GB ($30), 50GB($60), unlimited($100)

    A weekly "bandwidth allowance" capability would be nice too.

  13. Confused... by Anonymous Coward · · Score: 0

    If a cable carrier imposes incredibly low caps and high overage fees, and that deters customers from embracing competing options like Netflix streaming or DirecTV VOD over broadband lines, I don't know on which planet that's not a network neutrality issue....

  14. The market ain't perfect by GrifterCC · · Score: 2, Insightful

    Biggest problem with "market-based" solutions to the issue: Most people don't care about most of the Internet.

    I doubt there is much "demand" for having access to the entirety of the Internet. So most people won't care if 95% of it isn't blocked, so long as they can still get to foxnews.com or npr.org.

    So suddenly that 95% of the Internet is useless as a vessel for meaningful communication. The number of outlets for people to get their information becomes minute and controlled by large corporations.

    Given the demonstrably strong connections between governments and these large corporate entities, I would like to retain the ability to access the other 95%. And I want to preserve that right for the people that don't yet know they need it.

    Think about it: the Constitution is a big ol' Nanny State document. After all, nothing says, "We don't trust you not to screw with this" like "We made it really hard for you to change this."

    1. Re:The market ain't perfect by Dansteeleuk · · Score: 1

      I think you might be surprised. They don't think they care right until the linky linkys stop working. Then they'll really hate that they're missing out. Anyway, the ISPs would have to implement this as a whitelist unless they want to play whack-a-proxy, which leaves you with the choice of sanitised playground or the big old dirty internet. And that playground thing failed like a dozen times already, right?

  15. Truth In Advertising by Tokolosh · · Score: 1

    This is a good contribution to the debate.

    The "Internet" should be neutral - no filtering, port blocking, prioritizing, etc. In other words, net neutral.

    If an ISP is not providing this, it is not providing true internet access and should call its offerings something else, say "AOL".

    Bandwidth and volume limits are reasonable, but should be clearly stated. Customer usage against these limits should be easily visible and customer controllable.

    --
    Prove anything by multiplying Huge Number times Tiny Number
    1. Re:Truth In Advertising by Harik · · Score: 1

      you're right on everything but prioritizing. Without prioritizing VoIP sucks, so you've effectively killed off all internet telephony startups. I have no problem with my "evil" monopoly cable provider prioritizing my voip calls above my bulk downloads - 10 seconds longer on a 4gb download vs not being able to make a phone call boy is that a difficult choice to make.

  16. What about when they treat their offerings diff? by Anonymous Coward · · Score: 0

    If Time Warner offers its own IP-VOD services or Pay Per View, and doesnt count that traffic against your bandwidth quota, does that change your answer?

  17. Problem Blending by gerglion · · Score: 1

    So net neutrality and bandwidth caps/metering are both bad, but separate problems. I can buy that.

    However, could the argument be made that Time Warner is attempting to meter/cap bandwidth in order to encourage customers to use TW cable vs. Hulu/Youtube/BT/etc... By enacting a price barrier, isn't TW indirectly prioritizing data? Wouldn't this now sort of be considered a Net Neutrality issue?

    Please, correct me if I'm wrong, there is still more blood than Steaz in my system at this point.

    --
    I know you have come to kill me.
    Shoot, coward. You are only going to kill a man.
  18. Censorship by any other name by Rambo+Tribble · · Score: 2, Insightful

    What we're ultimately talking about is censorship, either by content or volume. I'm having a hard time imagining neutral censorship.

    1. Re:Censorship by any other name by DragonTHC · · Score: 1

      you're over-analyzing this. It's about money plain and simple.

      They don't care what you watch or download, they just want to get paid for it (again).

      This is about their networks being saturated, and not wanting to invest the capital to increase capacity.

      This is about monopolism. This is actually about neutrality for some.

      Comcast, et al, provide their own portals to content. They do not count downloads from these portals towards your cap. They are effectively preventing people from making their own choices as consumers with these restrictions. Interestingly enough, your cable TV uses far more bandwidth than your cable modem. Anyone who watches those free VoD movies that comcast has is effectively getting free bandwidth. They are unlimited after all. Yet, if you convert that bandwidth into TCP/IP all of a sudden, you have limits? Why? Because the content isn't coming from Comcast. You're not watching their advertisers. You're not consuming their services. You're not spending money on them.

      This is exactly why it is an issue of network neutrality.

      Any network provider who is also a content provider has an extreme conflict of interest to provide un-biased Internet access. They want that money spent on their services in their portals. So they begin to limit you through volume. Yet they don't limit the volume of their content services through volume at all. Think about that.

      --
      They're using their grammar skills there.
    2. Re:Censorship by any other name by Rambo+Tribble · · Score: 1

      Are you somehow of the impression that censorship is not undertaken for the gain of the censor?

    3. Re:Censorship by any other name by Fulcrum+of+Evil · · Score: 1

      This is about their networks being saturated, and not wanting to invest the capital to increase capacity.

      Didn't their costs go down, and can't they double their users' speed for $6/household?

      --
      "We returned the General to El Salvador, or maybe Guatemala, it's difficult to tell from 10,000 feet"
  19. Re:What about when they treat their offerings diff by metamatic · · Score: 3, Insightful

    Note that Time Warner already offers streaming ESPN. I'm betting that won't be counting against your 5GB.

    So I still think it's effectively a net neutrality issue. The caps and overage charges are just the framework being put in place to allow them to violate net neutrality later.

    And crippling my Internet connection so Time Warner's digital movies on demand are cheaper than Netflix streaming isn't a net neutrality problem? I guess if you view "net" as just TCP/IP that's true, but if you view "net" as the cable and the signals down it, then it's nonsense.

    --
    GCHQ Quantum Insert installed. If only our tongues were made of glass, how much more careful we would be when we speak
  20. How is this not part of the argument? by mothlos · · Score: 1

    Although I am in strong support of net neutrality, the debate around it is not completely without merit. Having worked for a small local ISP I know first hand the difficulties of managing available bandwidth in an age of ever escalating average use load. Your ISP made promises of a certain amount of bandwidth at a certain price based on how much they expected the average user to use during peak times. There are costs associated with changes in these usage patterns and the issue of net neutrality is how to reduce load, increase revenue, or accept lower earnings. Net neutrality legislation would not allow ISPs to a: shift costs onto content providers who are changing average usage rates or b: target internet traffic only used by a small portion of very high usage customers to be deprioritized. At this point there aren't many options aside from increasing the cost of bandwidth, taking less revenue, charging for data transmitted instead of just bandwith, or (my preference) charging for quality of service based on amount of data transmitted. If we get net neutrality, our ISPs are going to have increased pressure to change their business strategies and may move to strategies like the one here, so in this sense, it is intimately linked to the discussion.

    1. Re:How is this not part of the argument? by Imagix · · Score: 1

      Your ISP made promises of a certain amount of bandwidth at a certain price based on how much they expected the average user to use during peak times.

      And instead of putting those usage levels into some sort of wording in the contract, they took the levels, multiplied by some value, built the network to that level (we hope), and then advertised "unlimited"...

      Net neutrality legislation would not allow ISPs to a: shift costs onto content providers who are changing average usage rates

      No way. The ISP doesn't get to charge the guy 6 hops away. I pay my bill (to an ISP), Google pays their bill to their ISP. All of the ISPs in the middle have their own peering arrangements. The ISP next to Google's would have a cause to charge Google's ISP more based on the volume of traffic coming from Google's ISP. Not because Google specifically is handling more traffic, but simply because of Google's ISP handling more traffic.

    2. Re:How is this not part of the argument? by Bigjeff5 · · Score: 1

      Charge more for your service, or offer less bandwidth, or cap monthly usage (only if you make it plain as day that it is capped though!). Good QoS delivery is important as well, and you can prioritize packet types (with disregard to where they were generated) to optimize bandwidth usage. Note that if done correctly, QoS improves internet service all-around, it does not restrict it.

      All of those are reasonable methods to improve the bandwidth/cost situation. Some people may think propper QoS is bad, but that is just because they do not understand it. What is NOT appropriate is charging a host external to your own network for prioritized access (effectively lowering the priority of all other hosts on the net for your network). It is also not appropriate to block access to a website for no reason other than your users like to visit it a lot, and so it uses a lot of your bandwidth. That, and especially charging the host to have the block removed, should both be criminal if they aren't already. Lastly it is NOT appropriate to prioritize your own internet content on your own network, unless you sell that as an additional and separate service.

      That's my two cents anyway.

      --
      Security is mostly a superstition... Avoiding danger is no safer in the long run than outright exposure. - Helen Keller
    3. Re:How is this not part of the argument? by richlv · · Score: 1

      ok, but what about the isp not overselling the available bandwidth simply hoping that customers would not use it ? how about accepting that the consumer might want to actually _use_ what was promised in the contract ?
      somehow this seems to be a no-no discussion whenever an isp is involved.

      --
      Rich
  21. Surcharges and Internet Video by Jason+Levine · · Score: 3, Interesting

    My take on the bandwidth surcharge situation was that the insanely low caps and bandwidth surcharges were designed to fend off online video. Think about it: If your favorite shows were available online legally (let's leave less-than-100%-legal sources out of the equation for the purposes of this argument), why would you need to buy cable TV service? So Time Warner sets the bandwidth limit low and charges for overages. If subscribers don't use online video out of fear of going over their limit, cable wins. If people continue to use online video and go over their limit (thus paying overage fees), cable wins.

    Network Neutrality could still come into the equation. Apparently, Joost is shopping itself to cable companies. One of the interested companies is Time Warner. If Time Warner buys Joost and reinstates their cap/overage plan (which they've already indicated they want to do), would Joost use count towards your bandwidth limit? Or would using Time Warner's own online video service be exempt from the same limits that YouTube, Netflix, Hulu, etc are subject too?

    --
    My sci-fi novel, Ghost Thief, is now available from Amazon.com.
    1. Re:Surcharges and Internet Video by eiMichael · · Score: 1

      It's very likely that they would allow you to "bundle" Joost with your Internet connection. So that extra fee is why Joost is exempt.

      This really walks the line with regard to the arguments of Net Neutrality, since you're paying for a service that is "outside" your internet connection.

    2. Re:Surcharges and Internet Video by Anonymous Coward · · Score: 0

      If Time Warner buys Joost and reinstates their cap/overage plan (which they've already indicated they want to do), would Joost use count towards your bandwidth limit?

      They would buy Joost and crush them. Joost is shopping for a nice cashout, then the CEO and other higher ups would care less.

    3. Re:Surcharges and Internet Video by Anonymous Coward · · Score: 0

      If Time Warner buys Joost and reinstates their cap/overage plan (which they've already indicated they want to do), would Joost use count towards your bandwidth limit?

      If they can, they'll want you paying for both cable television and internet services. They make a lot of money from their advertisements that break up your shows/movies several times for a minute or two duration and the recent advertisement bars littered across the bottom of the screen _during_ the program. If they absolutely have to move it to the internet, you can expect the same* and for them to cut out any rogue services. If they remove the cap from their services only, you may be watching more advertisements than actual programming in the future, which is basically cable television now.

      *I remember when Hulu(NBC and Fox owned) showed one 10sec advertisement at the start of a video, it's now five and growing 30sec ads and "rewinding" brings another one.

  22. anonymous coward by Anonymous Coward · · Score: 0

    If an ISP limit the amount that we can download to not impact his tv business then yes it is related to net neutrality.

    I don't want my ISP contract to be influence by my ISP other business like music production, tv production, phone.

  23. Re:TW's play at being anti-competitive by kimgkimg · · Score: 5, Insightful

    So what do you call it when TW imposes caps which make say Netflix/Hulu/Youtube content more expensive to watch than TW provided content? Yes they don't explicitly single out those services, but by imposing expensive caps the end result is the same. So then people flock to the cheaper services like TW video-on-demand (which magically aren't encumbered by said bandwidth caps because it's a separate paid TW service --- which just happens to be cheaper when you compare it against busting through your download tier.)

  24. Re:TW's play at being anti-competitive by sexconker · · Score: 1

    Exactly.
    The voice and video services may be on a different band than the net service, but it's still the same pipe, and they're still competing for limited bandwidth.

    Call it pipe neutrality if you want to be pedantic.
    Fuck this article.

  25. Anti-competitive if nothing else by Sheik+Yerbouti · · Score: 2, Interesting

    The real issue as I see it is that Time Warner is a cable company. And it is very likely that these caps have everything to do with stopping the growth of a competitor IPTV or video on demand.

    If you download a lot of content from hulu and netflix and amazon VOD you are going to run smack dab in to punitive caps with this type of service.

    For years the cable companies have been doing well by selling packages of channels and most people watch a very small percentage of those channels and thus it's not really a good value. And of course with video on demand you get to watch exactly what you want when you want and pay just for what you watch.

    This is very much a problem for them. Bit torrent and filesharing in general have been around for some time now this is not about those. Those actually gave broadband a purpose for a lot of people and for the most part just sold a lot of broadband accounts. This is about killing a competitor that would really save people money and generally make things better. So they are in a meta sense discriminating against IPTV and VOD packets. That does not sound very neutral to me.

  26. EarthLink's dial-up. by antdude · · Score: 1

    Before I got broadband service, I had a dedicated phone line to be on dial-up (only 3 KB/sec even on 56k modems -- crappy phone lines here) for long time. EarthLink (ELN) said unlimited for $19.95/$21.95, but its TOS/AUP never said anything about every 24 hours straight there is a disconnection. I asked in public on their newsgroups/forums, why the disconnections. People talked about this and were annoyed. Even one support guy, said I should get a life. Umm, I am not always at the keyboard. I have to download and upload big files too (remember, 3 KB/sec)! Then, other members and I noticed later on that ELN added this to mention it. Recently, I noticed they disconnect dialup users who are on 12 hours straight. Sheesh.

    --
    Ant(Dude) @ Quality Foraged Links (AQFL.net) & The Ant Farm (antfarm.ma.cx / antfarm.home.dhs.org).
  27. The other other side of net neutrality by Sophacles · · Score: 4, Insightful

    These discussions always seem to ignore one part of the equation. Specifically net neutrality stops GOOD QoS too. I worked at a small ISP. Over-selling capacity is strictly necessary in most cases where staying in business is a priority*. Most of the time no one notices. During certain peak hours however, everyone noticed. We received many complaints about voip and game quality.

    Our solution was to implement packet inspection and QoS. What we did was identify VOIP packets, and give them a very high priority. Same with game packets. A few others too, like syns and acks are very cheap, so we gave them high priority too (because it does matter and will enhance the end user experience)**. We also identified video from youtube, cnn, etc (all places where there are BUFFERING players). With those video sites we lowered priority after the first .5MB since buffering is intended to make jitter irrelevant. We did NOT slow video down, we just made introduced latency sometimes so gamers and voipers got a better experience.

    After doing that, our customers complained much less frequently, and many thanked us for getting more bandwidth.

    Essentially, bandwidth should be measured on 2 axis, Throughput and Latency. Some apps dont need much bandwidth when they have low latency (voip), others don't suffer from latency as long as throughput is good (torrents). Most cries I see for net-neutrality ignore this. I find it sad because I would not mind my isp guaranteeing low latency for voip and games and high throughput for downloads (if i would be a pal and let them add a 100ms delay here and there).

    I know that a lot of the issue hinges around the above being used to double charge, and other evil tactics, however legislating away the good because of potential for evil seems plain silly. Perhaps some sort of middle ground could one day be reached, in which destination filtering/prioritizing is strictly off limits, but content type filtering can be allowed as long as overall throughput remains at the rate sold. (not necessarily a good solution, just a talking point).

    *This refers to places where the infrastructure is not well built up, and metro-e is not available.

    ** DNS at highest priority is surprisingly important. The day we did this speed related call dropped a large percent, and stayed dropped.

    --
    To live till you die is to live long enough. -Lao Tzu, Tao Te Ching
    1. Re:The other other side of net neutrality by Chirs · · Score: 2, Interesting

      My own view is that violating net neutrality for QoS (like you're doing) is acceptable as long as your customers know you're doing it, know exactly what you're doing, and you're not doing it to preferentially push your own product.

      Arguably, however, it would be more honest to let the subscribers opt-in (or out) of your QoS filtering. If they opt out, then they get a certain (low) guaranteed bandwidth, and they get to do their own QoS for their own packets.

    2. Re:The other other side of net neutrality by atomic-penguin · · Score: 1

      Specifically net neutrality stops GOOD QoS too.

      I disagree. I am a locked-in Comcast customer, and live in an area with no competition from DSL, FTTP, metro-ethernet or other non-cable broadband technology. I am constantly affected by what they call "traffic shaping". As many here know, Comcast uses a technology which artificially throttles the connection by sending RST packets to both ends of a connection, and thereby forcing TCP connections to break down. What Comcast and others are doing is not proper Quality of Service with priority queues. The so-called "traffic shaping" they have implemented boils down to a Denial of Service, and exploits and undermines the way TCP/IP protocols function. Those who actually understand the difference between the Comcast type of throttling and proper QoS traffic shaping with priority queues, likely have no problem with the latter. With QoS everything gets through, you don't break down a connection. QoS traffic shaping just slows lower priority protocols down (Bittorrent) if a higher priority protocol (VoIP, SIP, VPN) needs more speed. The Comcast throttling is a non-standard way of limiting bandwidth, which tends to break the way Internet protocols are supposed to work. More recently Comcast has taken their level of throttling ass-hattery to the next level with a more protocol agnostic approach. So not only will Comcast break your torrent seed, they'll throttle your web traffic, video streaming, VoIP, e-mail, and pretty much anything you could possibly do on a computer with any given TCP-based protocol.

      I have NEVER heard any net neutrality argument against using proper QoS to manage limited bandwidth. I expect a competent Network Operations Admin at an ISP to implement some sort of priority queuing. What I should NOT expect from an ISP is for them to launch a man-in-the-middle Denial of Service against me, when I pay for a service that I expect to actually use.

      I applaud your company for doing the right thing. You listened to your customers. Your company came to a reasonable compromise which made your customers happy, and made for a more efficient use of a limited resource. As a bonus, it probably bought you a good bit of loyalty from happy customers, who will spread the word about your service, never a bad thing. One of my colleagues once told a customer,

      No matter how much bandwidth you guys throw in your small office, it won't keep the problem from growing. It won't keep your office users from using up the extra bandwidth you throw their way. The best thing you guys can do with a limited amount of resource is to use the bandwidth you have, but use it more efficiently.

          We did a bit of Linux 'tc' shaping for that customer. After a bit of testing, and a few tweaks, their boss was much, much happier. He probably saved quite a bit of money, instead of wasting it on a bigger pipe for roughly a dozen users.

      --
      /^([Ss]ame [Bb]at (time, |channel.)){2}$/
    3. Re:The other other side of net neutrality by Sophacles · · Score: 1

      I have NEVER heard any net neutrality argument against using proper QoS to manage limited bandwidth. I expect a competent Network Operations Admin at an ISP to implement some sort of priority queuing. What I should NOT expect from an ISP is for them to launch a man-in-the-middle Denial of Service against me, when I pay for a service that I expect to actually use.

      I used to get it all the time. Many people decided that what we were doing was morally the same as Comcast. Im actually shocked at your stance, not you specifically, just in my experience there are not a lot of people who are willing to think reasonably about it (its become a modern day vi/emacs). As for man-in-the-middle, how do you feel about us doing transparent squid caching for our metro-e sites?

      As a side rant, our biggest problems came when game companies would convince the users that we were blocking ports and other evil things to the games' traffic, even though we could show graphs saying that the user's traffic past our routers was just fine.

      I applaud your company for doing the right thing. You listened to your customers. Your company came to a reasonable compromise which made your customers happy, and made for a more efficient use of a limited resource. As a bonus, it probably bought you a good bit of loyalty from happy customers, who will spread the word about your service, never a bad thing. One of my colleagues once told a customer,

      No matter how much bandwidth you guys throw in your small office, it won't keep the problem from growing. It won't keep your office users from using up the extra bandwidth you throw their way. The best thing you guys can do with a limited amount of resource is to use the bandwidth you have, but use it more efficiently.

          We did a bit of Linux 'tc' shaping for that customer. After a bit of testing, and a few tweaks, their boss was much, much happier. He probably saved quite a bit of money, instead of wasting it on a bigger pipe for roughly a dozen users.

      tc is a beautiful thing, or if you're a bsd type, altq/dummynet. I cant imagine networking without it anymore.

      --
      To live till you die is to live long enough. -Lao Tzu, Tao Te Ching
    4. Re:The other other side of net neutrality by atomic-penguin · · Score: 1

      As for man-in-the-middle, how do you feel about us doing transparent squid caching for our metro-e sites?

      That is a completely different thing. Now I don't know what you are doing with the squid proxy other than caching, so I am not going to attempt to judge based on your statement. You could be providing a great non-invasive service for customers that improve their overall web experience. You could have some BOFH motivation, such as draconian BOFH filtering, or just simply want to keep detailed logs of usage on the customers. Like I said, there is nothing inherently wrong with a squid proxy, but you could get pretty evil with it, if you were inclined.

      My problem with Comcast is that their man-in-the-middle is invasive. I may have no problem doing a speed test one minute. Then, the next minute I might have atrocious buffering issues on Youtube, or I may have problems with my Netflix player constantly stopping to buffer. Plain old QoS traffic shaping is non-invasive, everything still gets through, there may be latency introduced based on priority, but it still gets through. Comcast throttling is like having a broken firewall between you and everyone else on the Internet. They just drop a few packets at random until your stuck in a TCP limbo, where you are constantly handshaking and tearing down connections until you're Internet speed is about as swift as trying to dial-up a modem pool with a rotary phone. I swear my cable modem just went screeeeeeee-woooooooooo-bee-boo-bee-boo...

      --
      /^([Ss]ame [Bb]at (time, |channel.)){2}$/
    5. Re:The other other side of net neutrality by atomic-penguin · · Score: 1

      Arguably, however, it would be more honest to let the subscribers opt-in (or out) of your QoS filtering. If they opt out, then they get a certain (low) guaranteed bandwidth, and they get to do their own QoS for their own packets.

      So if they opt out, you just put them in a lower capped priority queue, why that's brilliant!

      --
      /^([Ss]ame [Bb]at (time, |channel.)){2}$/
    6. Re:The other other side of net neutrality by Bigjeff5 · · Score: 1

      I have NEVER heard any net neutrality argument against using proper QoS to manage limited bandwidth. I expect a competent Network Operations Admin at an ISP to implement some sort of priority queuing. What I should NOT expect from an ISP is for them to launch a man-in-the-middle Denial of Service against me, when I pay for a service that I expect to actually use.

      You obviously didn't read all the comments on the way to the bottom of this thread then. ;)

      Part of the reason QoS is starting to be attacked by less informed people, is that they don't trust the telco's to do any traffic management at all, and it's hard to blame them. It's the "slippery slope" logical fallacy, and it would be easier to discredit if there were not telco's like Comcast actually doing inappropriate traffic shaping, and getting busted for it.

      --
      Security is mostly a superstition... Avoiding danger is no safer in the long run than outright exposure. - Helen Keller
  28. Free Internet? by Anonymous Coward · · Score: 0

    There is no going back; corporations and governments have hijacked our ability to adequately use our networks and our computers as we wish to.

    We must now create a new internet; one that surpasses and excludes the abilities of demagogues to penetrate. A freenet of free people and ideals where the dreams of humanity can flourish. Internet users the world over now call upon all able-bodied coders to start the great work.

  29. The "unrelated issues" are related by Anonymous Coward · · Score: 0

    keep Net Neutrality to mean one thing and one thing only, agnosticism to packets content.

    Fine, but as soon as you start talking about cable TV companies (e.g. Time Warner, Comcast), bandwidth caps are failures to be packet content agnostic.

    Their own content streams into your house, over the same wire, 24x7 in a multi-channel torrent of gigabytes that totally dwarfs your cap. If those packets are all you want, no extra charge. But try to replace some of those packets with packets from hulu: you can't. Do the next best thing: add packets from hulu: you get charged extra.

    I would agree with you, if we were really just talking about ISPs. But the submitter mentioned Time Warner, and they are not just an ISP. A bandwidth cap, which when implemented by "just an ISP" is not a violation of network neutrality, becomes a violation of network neutrality if that same company is selling you uncapped content.

    1. Re:The "unrelated issues" are related by Anonymous Coward · · Score: 0

      But there own tv content is sent through an equivalent method to multi-casting, as long as it is still broadcast not on demand. This makes it significantly cheaper.

      However I do agree that this should be looked at carefully as they have local monopolies and therefore monopoly laws should apply, hence not letting them use there position as an ISP to force the use of their cable tv services on people over hulu etc...

  30. Bad premise. by characterZer0 · · Score: 2, Informative

    If company A sells something to company B which company B then re-sells to the public, but company B almost certainly cannot resell the good without committing fraud as outlined above, then company A is complicit in the fraud as well.

    A: Company A sells to Company B
    B: Company B screws its customers.

    While ~A implies ~B, A does not imply B. Company A could sell to Company B and Company B could consume the product itself.

    A is not complicit. Bad premise.

    --
    Go green: turn off your refrigerator.
    1. Re:Bad premise. by Anonymous Coward · · Score: 0

      You're a bad premise. The key line here is:

      "but company B almost certainly cannot resell the good without committing fraud"

      You also state that "Company A could sell to Company B and Company B could consume the product itself.", when the definition explicitly states:

      "If company A sells something to company B which company B then re-sells to the public"

      Stop tilting at windmills.

  31. Caps do not apply to the ISP's own content by californication · · Score: 1

    This argument ignores the fact that the bandwidth caps do not apply to the ISP's own content. They're charging you $2/GB above 15 to watch content from a competitor, but if you want to watch their content there's no cap or extra fee. If I watch 100 GB of Hulu's content, that's going to cost me what... $150 or more? If I watch 100GB of the ISP's content, how much will that cost me? Since you could watch their TV 24/7 and they wouldn't care, I'll bet it's considerably cheaper.

    I'd be fine with this cap if it applied to their content as well, but since it doesn't this is borderline double-dipping, clearly anti-competitive and a way to control what content consumers choose to watch.

  32. Re:TW's play at being anti-competitive by Bigjeff5 · · Score: 3, Insightful

    So what do you call it when TW imposes caps which make say Netflix/Hulu/Youtube content more expensive to watch than TW provided content?

    Er, sound business practice? It's much cheaper for TW to provide regular cable service because it is a multicast service. What that means is, when 1000 people want to watch HD show X, which requires 2gb total to send to their users, TW only has to send that 2gb once. Total bandwidth used over the course of a 1 hour show: 2gb.

    VOD falls somewhere in the middle, but is closer to regular cable in cost. Why? Because even though for 1,000 users they have to send 2gb each (2,000gb if you've been paying attention), TW knows exactly what it offers on VOD, and can cache all of those movies/shows locally. This means they they are sending that 2,000gb only on the legendary "last mile", which costs them almost nill.

    Now, when 1000 users want to download from Netflix/Hulu/Etc., they have to receive that 2gb 1,000 separate times, and send that 2gb out 1,000 separate times, that's 2,000gb of bandwidth burned end-to-end, compared to 2gb. Sending the data over their own lines is cheap. Receiving it via another major ISP's lines is expensive, relatively speaking. Granted, caching can aleviate some of that, but it is not even close to possible for them to cache the entire range of options, like they can with their own VOD service.

    You cannot expect a cable company to do the same for a service like Netflix/Hulu/Etc as they do VOD. Why the hell should they, they offer their own service! A service that almost certainly has less of a selection, I might add. It would be obscenely expensive to try and cache everything Netflix et. all have, and only serves to help the video companies, not the cable companies. You (the customer) would have to pay extra for that anyway, so why would they go through the trouble and expense for nothing?

    So, to sum up, here is why Netflix/Hulu/Etc cost more to use:

    Regular cable: 2gb burned per 1000 users (multicast)
    VOD: 2,000gb burned, but only last-mile (serving content locally)
    Netflix/Hulu/Etc.: 2,000gb burned that must travel accross several ISPs, bringing sharing agreements into play

    The disparity between services is a bandwidth issue. The pricing is a monopoly/lack of competition issue. Now, if TW were slowing or blocking or otherwise restricting access movie streaming services specifically, THAT would be a net-neutrality issue.

    Honestly, bitching about pricing for a service you use (that's all you're doing, really) and then calling it net-neutrality is disingenuous at best, and completely dishonest at worst.

    --
    Security is mostly a superstition... Avoiding danger is no safer in the long run than outright exposure. - Helen Keller
  33. Re:TW's play at being anti-competitive by Bigjeff5 · · Score: 1

    That's idiotic, it's only the same pipe as far as getting to the home base. For regular cable and VOD service, that's as far as it has to go. For Netflix/Hulu/etc it has to cross into other people's pipes, and ISP agreements come into play.

    You guys aren't thinking things through.

    --
    Security is mostly a superstition... Avoiding danger is no safer in the long run than outright exposure. - Helen Keller
  34. Re:TW's play at being anti-competitive by kalirion · · Score: 1

    That's the thing, pure greed and monopolies by themselves are not Net Neutrality issues. If they raised the bandwidth cap for Hulu users only because Hulu paid them money, that would be a Net Neutrality issue.

  35. I Don't See a Problem by Plekto · · Score: 1

    I really don't. Read the contract. And net neutrality isn't the same thing as providing unlimited and unrestricted service. So your bittorrents are being squeezed, there are options open to you - or just deal with it at a slower speed. The option is that if you pay for their business level service, it's never limited. Consumer grade service is always limited and restricted in one way or another, because they aren't giving you a dedicated line.

    Just some companies are worse than others. But many choices exist, thankfully.

    As for the issue of speed, I just don't get why people whine. After all, I can download a TV show from Japan, for instance, in about an hour even at slow speeds. It's a *tad* better than getting my friend to snail-mail me a CD with the video file on it like I used to have to do in the early 90s.

  36. Re:TW's play at being anti-competitive by sexconker · · Score: 1

    You're idiotic.

    End users are having their internet service fucked over because competing services their ISP offers get special treatment.

    Choosing how to prioritize traffic should N O T take into account the source or destination. Prioritizing Skype over Hulu is fine. Prioritizing Skype over Vonage is not fine. Prioritizing the ISPs own voice service over Skype or Vonage is not fine.

    Just because they are on different bands doesn't mean their isn't prioritization going on. The frequency ranges dedicated to voice, net, video, etc. are adjusted and prioritized in relation to each other - the pipe is finite.

    Whether prioritization comes in the form of allowing/blocking, moving things ahead/back in a queue, allocating more/less frequency space to different services, negotiating contracts with other ISPs, broadcasters, etc., it doesn't matter.

    Choking out the internet and not choking out your own services is bullshit. There's a reason COX sends weekly flyers about "LAST CHANCE" bundles for their voice service. There's also a reason why my internet was shit for 3 months (huge packet loss, pings, disconnections, etc) immediately after their voice service was rolled out.

    They oversold, choked out their net frequencies to make room for their voice service, and refused to admit it. Everyone had shit internet service. These are the plebes, the technically challenged. The issue was big enough for them to recognize it as more than just "it's slow...", and big enough for them to call and complain, en masse.

    They had people going out to houses in my neighborhood to "test the lines" all day, every day, for over a month. Every one of them got the story that their lines were old and the building needed to be rewired.

    After fighting with them (and failing) to get them to at least admit the problem, I called bullshit. I threatened to paper the neighborhood with fliers detailing the true story, and contacted various consumer reporting agencies.

    I then got a call from a field tech telling me that they know of a problem in the area, Motorola was going to be installing new equipment soon, and that shit should be fixed.

    He (indirectly) confirmed the information I had obtained elsewhere: that they had oversold like fucking crazy and the nodes in my neighborhood were FUCKED because of their recent voice service addition.

    Shit got fixed, eventually. But it's bullshit. I got my money back for the months of useless service, but no one else in my neighborhood did. They still pimp their voice service non stop, and the networks fine, but they fight tooth and nail to keep from upgrading capacity to support what they claim it does. The first thing to get choked off is the net (and thus, all their competitors for voice and video). The next thing is HD - compress it some more, why don't you? The last thing they'll ever impact is their voice service, since it's their biggest cash cow, it competes with Vonage and Skype, and uptake will continue to grow as people continue to drop land lines.

  37. Completely wrong by insomniac8400 · · Score: 1



    You are saying net neutrality doesn't apply if ISPs fully disclose limitations. So by your logic if a person is in an area with one high-speed ISP or an apartment that limits them to one ISP and that one ISP decides to only sell filtered internet that charges 15 dollars a gb, it's totally acceptable. Net Neutrally is equal access to the internet. It means no filtering, no bandwidth throttling, and no charging for the gigabyte if the reasons for doing any of these is to block competing services or anything the ISP doesn't like.

    Such as charging a per GB fee not because it costs the ISP significantly more per each GB you use, but because by charging per GB they get to make competing video services more expensive. Or blocking hulu.com because it cuts down on cable tv revenue. These are exactly the same things.

    That facts are that most broadband ISPs have existed up until now without any filtering or bandwidth limits. They've existed and have been profitable for over 10 years. There is no justification for any of these tactics today, since bandwidth and network capacities have only got cheaper and larger. If ISPs needed to do these scummy tactics to be profitable, they would have implemented throttling and metered billing 10 years ago.

    These billing tactics have nothing to do with increased costs and everything to do with video competition and profit gouging. They are a net neutrality issue. We have 10 years of history to prove ISPs are fine with current unlimited services. It makes perfect sense to require open unlimited connections in net neutrality. It preserves the internet as a medium of commerce. You will not see one ISP be hurt or any new ones decide not to get in the market because this is the way the business currently is. Net Neutrality means the internet stays like it is and doesn't change because of the stock market.

    As a side note, the only reason dial-up was charging by the minute was because the number of lines were limited. So they had to encourage people not to stay connected for long periods of time. That model died as soon as modem capacity increased and never existed on broadband because everyone has their own dedicated connection. This bill per the byte model was an invention of the cellphone companies and satellite companies dealing with last mile limitations where your byte usage is basically your time usage(You only use network time while transferring data and not just for being connected). Landline ISPs do not have that problem and don't need the model.

  38. How Much? by icewalker · · Score: 1

    - How much spam reaches your inbox? Will the ISP apply their usage limits to your incoming mailbox as well? I guarantee you there is some bean counter who has already thought of this and is just grinning at the prospect!

      - How much do you get scanned? I'm sorry folks, but you are using a REAL IP to access the internet. And there is nothing to prevent ANYBODY from scanning that IP address. And I guarantee you that TW, ATT, Cox, whoever, is going to allow that packet through. Multiply by a few million and BLAM, you have a $20K bill!!!

      - How many advertisements do you see on an average web page? How many are now FLASH? Do I get to decide which advertisement makes it and which one doesn't? Why should I have to pay my hard earned cash to see advertisements? I've seen websites that were more adverts than content. So basically, more than 50% of the cash I had to use was wasted because the website uses heavy FLASH! How is that fair?

    Those are the reasons that Usage Fees are bad. And let us not forget about the cable TV suggestion I heard recently; let me pick and choose my programming without having to pay for the bloody HGTV that I never watch, and then we can start talking about usage fees. Until then, shut it! It is either an "All you can eat Buffet" of the Cable Companies can dump the forced "Buffet of crap programming I don't want or would ever want!"

    And while power and water are definitely utilities. The Internet is most definitely not a utility in the classic sense. It's a communications medium. You can get unlimited phone usage, you can get unlimited cell phone usage. And you basically get unlimited TV (the cable company doesn't hold you to 5 hours a week afterall); as it should be with the Internet.

    Putting a limit is no different than Net Neutrality. You are effectively limiting the amount of news, entertainment, etc I can enjoy. How is it any different than saying I can't hit this website or that? You are now forcing me to prioritize the entertainment I wish to pursue.

    --
    The truth is usually just an excuse for lack of imagination.
  39. Re:TW's play at being anti-competitive by Bigjeff5 · · Score: 1

    End users are having their internet service fucked over because competing services their ISP offers get special treatment.

    That is not the case here. Though it uses similar transmition technologies, cable TV service (including VOD) is significantly cheaper to provide because of the distribution method. The difference between Cable TV/VOD service and full Internet service is equivalent to the difference between serving your own movies/music on your home LAN and accessing the wider Internet. It costs no more than the equipment and time setting up, plus the cost of the content, to serve as many movies as I want on my home LAN. This is the same as a Cable company's TV service. However, as soon as I want to hook into the Internet, I have to pony up the cash because I have to use someone else's lines, switches, and routers to do so. It's -exactly- the same for an ISP. The only difference is an ISP has a "home network" of several hundred thousand devices, instead of 4 or 5 like my personal LAN. They still have to pony up the cash when they want to access another ISP's lines, switches, and routers. That's how the internet works. It's how it was built, it's how it has always worked, and it is how it always will work.

    Just because they are on different bands doesn't mean their isn't prioritization going on. The frequency ranges dedicated to voice, net, video, etc. are adjusted and prioritized in relation to each other - the pipe is finite.

    The pipe is actually not finite, in the sense of putting more information through them - the amount of electrons going through has always been the same for each type of copper, modulation technology improves to send more data over the same copper. It is the equipment at each end that determines what can be shoved through the pipe. Certain pipes can make this easier or harder, but the pipe itself has little to do with it. Since it's the equipment that makes all the difference, hey guess what? Cable and Internet services use different equipment! OMG! The networks, while they share the same lines, are also completely different in type and structure.

    Choosing how to prioritize traffic should N O T take into account the source or destination. Prioritizing Skype over Hulu is fine. Prioritizing Skype over Vonage is not fine. Prioritizing the ISPs own voice service over Skype or Vonage is not fine.

    Prioritization on the packet level (known as throttling) is definitely not o.k. It's also not at all what myself, the GP, and the OP were talking about. We were all talking about payment schemes for service. Accessing the internet is a service. Whether or not it should be priced the same as Cable TV is irrelevant and unrelated to Net Neutrality. Whether or not they are each priced fairly is also not related to Net Neutrality. Lumping them together confuses them both and weakens the case for both.

    Whether prioritization comes in the form of allowing/blocking, moving things ahead/back in a queue, allocating more/less frequency space to different services, negotiating contracts with other ISPs, broadcasters, etc., it doesn't matter.

    Again, not what we're talking about here. And, incidentally, Cable providers don't need to negotiate contracts with other ISPs, that's Internet only. Broadcasting is paid for via advertising. Cable content is paid for once for the entire user-base - though granted it is probably based on the amount of users to be served. The internet, however, is served piecemeal, and negotiations are not for the content, they are for the ACCESS, and can be very expensive because of that.

    That still doesn't make it a Net Neutrality issue. It's a pricing issue. They are NOT the same.

    Choking out the internet and not choking out your own services is bullshit. There's a reason COX sends weekly flyers about "LAST CHANCE" bundles for their voice service. There's also a reason why my internet

    --
    Security is mostly a superstition... Avoiding danger is no safer in the long run than outright exposure. - Helen Keller
  40. For the general case, yes. by control_freq · · Score: 1

    I think for the general case of an ISP which only shovels internets back and forth, yes he's right, this is not a net neutrality issue. If the company doesn't provide content then it doesn't matter that they are capping usage because it's across the board.

    If, as many people have stated, a company like TW is capping (which affects sites like Hulu and YouTube) when they have a competing source of content (cable TV/on-demand) then it absolutely is a net neutrality issue.

    So I think what it boils down to is: Does the ISP have a competing source of content (either through TV, streaming, etc.)? If so, then they are tilting the field in their favor. And my guess is that most ISP's have at least some way of providing content which would directly compete with an option available somewhere else online.

    --
    I'm an optimistic cynic: I'm optimistic that my cynicism is well founded.
  41. 24 by HTH+NE1 · · Score: 1

    and perhaps watching 24 on their $5,000 TV sets sometimes instead of downloading it off of BitTorrent to their laptop every week because it makes them feel like a haX0r

    Well if KPTM Fox 42 would stop down-converting 24 to SD and stereo sound for 15 seconds at the bottom of its hour (and every bottom of the hour) to inform me of the time and temperature sponsored by the Omaha Children's Hospital (always during the show, never during the commercials) I wouldn't have to torrent a 43-minute episode to pick up the two words dropped from the broadcast on either side of those 15 seconds, cursing your station, your bug, and its sponsor.

    This is not the thinking of the children you want to engender in the public.

    Their equipment can apparently insert time-and-temp bugs at 1080i on the CW without down-conversion of the signal, but not at the 720p of Fox (both KXVO CW 15 and KPTM Fox 42 are owned by Pappas Telecasting). KSNB isn't carried in HD on cable here and is P&S for 24 most weeks.

    I used to be able to extract the left and right channels of the AC3 audio to my iPod to listen to the soundtrack without hearing any dialogue. I can no longer do that.

    Fox is also doing something to their HD stream to prevent video playback in some MPEG editing tools like MPEG Streamclip (not encryption and not broadcast flag). Thankfully other tools can still cut through it.

    --
    Oh, say does that Star-Spangled Banner entwine / The myrtle of Venus with Bacchus's vine?
  42. Re:TW's play at being anti-competitive by sexconker · · Score: 1

    ISPs are behaving in a way that prefers one service over another, and prefers their services over that of competitors, which they carry since they are a infrastructure service.

    This may not be confined to the "net", but ISPs sure as hell are non-neutral with regards to services provided over the net.
    Therefore, it's a fucking net neutrality issue.
    Bandwidth fines are just a way to perpetuate the bullshit while claiming net neutrality. It's a fucking extension of the same collusive, monopolistic shit that the DOJ should be investigating.

    Internet Explorer is bundled by default?
    "BURN THEM!"

    ISPs falsely advertising their service, and actually being anti-competitive with regards to other services?
    "GUYS SHUT UP. This isn't about net neutrality so there's nothing wrong with it. This is TOTALLY DIFFERENT. We should stop having this discussion and we should splinter our focus between the 2 issues to make our voices less impactful."


    ISPs are acting in a non-neutral way with regards to their services (provided over the net and not) and those of competing services (which are provided over the net).

    Do you dispute this?

  43. Re:TW's play at being anti-competitive by Anonymous Coward · · Score: 0

    Bravo, +1 and all that.

    Something people forget is that it's not just TW (or AT&T, Comcast, et al.)

  44. Streaming ESPN? Um no... by antdude · · Score: 1

    I have TWC RR, and I get this:

    "How to Get Access to ESPN360.com

    ESPN360.com is available at no charge to fans who receive their high-speed internet connection from an ESPN360.com affiliated internet service provider. ESPN360.com is also available to fans that access the internet from U.S. college campuses and U.S. military bases.

    Your current computer network falls outside of these categories. Here's how you can get access to ESPN360.com.

    1. Switch to an ESPN360.com affiliated internet service provider or to contact your internet service provider and request ESPN360.com. Click here to enter your ZIP code and find out which providers in your area carry offer ESPN360.com

    2. If you already get ESPN360.com at home and activated remote access, sign in using the myESPN link in the upper right hand corner. In order to activate remote access, you must sign in through your ESPN360.com affiliate Internet Service Provider.

    3. For Verizon Customers Only:
    Sign-in using remote access if you already get ESPN360.com"

    Is there something else I am missing? I do not have its cable TV.

    --
    Ant(Dude) @ Quality Foraged Links (AQFL.net) & The Ant Farm (antfarm.ma.cx / antfarm.home.dhs.org).
    1. Re:Streaming ESPN? Um no... by metamatic · · Score: 1

      Looks like it may have gone, but you can still get MLB.com premium audio and video through TW.

      --
      GCHQ Quantum Insert installed. If only our tongues were made of glass, how much more careful we would be when we speak
    2. Re:Streaming ESPN? Um no... by antdude · · Score: 1

      I know Adelphia used to have it before it went away. :(

      Premium makes you pay for that? Yuck. I thought it was going to be free. And I don't care about baseball/softball. :)

      --
      Ant(Dude) @ Quality Foraged Links (AQFL.net) & The Ant Farm (antfarm.ma.cx / antfarm.home.dhs.org).
  45. Re:TW's play at being anti-competitive by richlv · · Score: 1

    Er, sound business practice? It's much cheaper for TW to provide regular cable service because it is a multicast service. What that means is, when 1000 people want to watch HD show X, which requires 2gb total to send to their users, TW only has to send that 2gb once.

    assuming they all watch it simultaneously. and don't pause.
    which, today, is - i wouldn't say stupid - but unreasonable.

    --
    Rich