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Legislation Would Prohibit ISPs From Throttling Online Video Services

Dega704 sends this story from Ars: "A Senate bill called the 'Consumer Choice in Online Video Act' (PDF) takes aim at many of the tactics Internet service providers can use to overcharge customers and degrade the quality of rival online video services. Submitted yesterday by U.S. Sen. Jay Rockefeller (D-WV), the 63-page bill provides a comprehensive look at the potential ways in which ISPs can limit consumer choice, and it boots the Federal Communications Commission's power to prevent bad outcomes. 'It shall be unlawful for a designated Internet service provider to engage in unfair methods of competition or unfair or deceptive acts or practices, the purpose or effect of which are to hinder significantly or to prevent an online video distributor from providing video programming to a consumer,' the bill states. A little more specifically, it would be illegal to 'block, degrade, or otherwise impair any content provided by an online video distributor' or 'provide benefits in the transmission of the video content of any company affiliated with the Internet service provider through specialized services or other means.' Those provisions overlap a bit with the FCC's authority under its own net neutrality law, the Open Internet Order, which already prevents the blockage of websites and services. However, Verizon is in court attempting to kill that law, and there is a real possibility that it could be limited in some way. The Consumer Choice in Online Video Act could provide a hedge against that possible outcome."

18 of 222 comments (clear)

  1. Not going to happen by TheNastyInThePasty · · Score: 4, Informative

    Too many Dems are in bed with Hollywood and too many Repubs will scream about socialism because it places limitations on big business.

    --
    The best thing about UDP jokes is I don't care if you get them or not
    1. Re:Not going to happen by Xicor · · Score: 5, Informative

      all i can think about is time warner and youtube. all youtube videos are throttled so horribly with time warner that i cant even watch 480p. time warner also cuts off the buffering after a certain amount of time, so you cant just leave it buffering all day either.

    2. Re:Not going to happen by girlintraining · · Score: 4, Interesting

      all i can think about is time warner and youtube. all youtube videos are throttled so horribly with time warner that i cant even watch 480p. time warner also cuts off the buffering after a certain amount of time, so you cant just leave it buffering all day either.

      That's why when I browse Youtube, I use a plugin that lets me download the .mp4 files raw... then they can throttle all they want. I just have 20x connections going at a time. Because fuck you Time Warner, that's why.

      --
      #fuckbeta #iamslashdot #dicemustdie
    3. Re:Not going to happen by Jah-Wren+Ryel · · Score: 5, Informative

      all i can think about is time warner and youtube. all youtube videos are throttled so horribly with time warner

      Here's how to fix it. A good friend suffers under TWC and applied that fix over a year ago (that site is not the only one to discuss, just the first one I clicked on in google), since then youtube has been great for him.

      http://mitchribar.com/2013/02/time-warner-cable-sucks-for-youtube-twitchtv/

      --
      When information is power, privacy is freedom.
    4. Re:Not going to happen by Technician · · Score: 4, Insightful

      This is one of the reasons I dropped Comcast. As soon as an alternative was an option, I switched. Dropped my price about $10 per month (beyone the promotoion rate) and increased by BW by 3X. Now Comcast wants me back offering "faster than DSL" Xfinity brand service.

      I tell them every time that they blew their chance at retention. The answer is good competition. Market forces will kill companies that provide poor service. This does not work where there is a monopoly market.

      Now a 3rd option is in my area. Haven't noticed any throtteling on Netflix or Youtube. Even a test torrent worked just fine. Until Quest screws up, I'll stick around. I even have 3 VOIP lines with other providers that show no sign of throtteling. 2 lines are on an ATA (Linksys PAP2T-NA) and the third is a softphone Google Talk/Voice.

      Always avoid the companies with a media divison to protect. Remember the Sony Diskman. Too DRM Serial copy protected to be of any real studio use. Hard disk recorders and Digital Audio Workstations simply took the market. Cable companies will find a void they created will be filled by the competition.

      Verizon does have something to fear. There may be lawsuits when upstream congestion causes 3rd party content to be delivered slower than their own content not due to throtteling on their part. This law can only cause them headaches even if they don't throttle.

      --
      The truth shall set you free!
    5. Re:Not going to happen by CastrTroy · · Score: 5, Interesting

      I don't think that's Time Warner. I'm with Rogers here in Canada, and I get the same experience. I've heard similar complaints from people with all kinds of ISPs. Basically the problem, as far as I know, is that Youtube is broken. Youtube tries to cut down on network usage, so they try to stream it to you just fast enough so that you only ever have a minimal amount in the buffer. The problem comes when the connection fails, or you sneeze, or it's tuesday, and the stream slows down just a bit. This causes your buffer to empty, which makes the video stop. There' also major problems with them reconnecting to the stream. Once the connection is dropped, or the buffer is empty, you pretty much have to reload the whole page before it can start streaming the video again. I spent 20 minutes trying to watch the last 10 minutes of a 1 hour video last weekend because this was happening continuously. I can watch videos all day every day with any other streaming service, but for some reason, Youtube just can't get it's act together.

      --

      Anthropic principle: We see the universe the way it is because if it were different we would not be here to see it.
    6. Re:Not going to happen by Mitchell314 · · Score: 4, Funny

      And grown locally too, without injected hormones. Did you know that most artificial steroids used on digital content leads to premature bit rot? Digithol Rightose Managemone being one of the worst of the bunch.

      --
      I read TFA and all I got was this lousy cookie
  2. Video only? by Anonymous Coward · · Score: 5, Insightful

    Should be illegal to 'block, degrade, or otherwise impair ANY content'

    1. Re:Video only? by cheesybagel · · Score: 4, Insightful

      Precisely. That was the point behind net neutrality as a principle.

    2. Re:Video only? by Anonymous Coward · · Score: 4, Insightful

      I'd be fine with it remaining legal as long as ISPs were required to put it in flashing text at the beginning of their agreements: Warning! We deliberately degrade services that do not pay us extra.

      Freedom is about making decisions with knowledge, not about scam behavior where the person is hoping you miss some detail of boilerplate, where their business model, if honestly written down, goes something like, "...and here we hide the scam mechanism, hoping the consumer relies on it, because if they notice it, statistically most will balk."

      Yeah, yeah, competition is great except how choices do you have for your ISP in any given area?

  3. Why just video? by Anonymous Coward · · Score: 5, Insightful

    I also don't want Verizon intentionally de-prioritizing my Vonage VoIP traffic, for example. Or a cable company that's tied to CNN.com making MSNBC.com's images load slower to make the site seem less appealing to read from.

    What we need is a very stiff, broader law that says, in a nutshell: ISPs provide bandwidth, period. In selling Internet Access, you're not allowed to block, degrade, or de-prioritize select traffic based on the type or source of said traffic. You're not allowed to effect the same by over-prioritizing preferred sources or types of traffic. Legitimate QoS for the purposes of improving overall customer experience is ok, but the QoS rules have to be (a) publicly details to your consumers, and (b) optional, with a zero-cost option to disable the QoS-prioritization of a given customer's in- or out- bound traffic.

  4. Re:Whose networks are those? by Qzukk · · Score: 4, Insightful

    Do they belong to The People[TM], or to the Internet Service Providers competing with each other?

    False dichotomy. They belong to internet service providers who don't compete with anyone, and who openly argue that they shouldn't allow other companies' services (eg Hulu, Netflix, and Vonage) to compete with their services (Cable TV and/or Telephone).

    Of course, the bill won't do a thing for Vonage, but it's a start, and maybe when I stream a 1 minute 1080p video from youtube without having it take 5 minutes to buffer on UVerse and the world doesn't end? People might think "hey maybe there's something to this".

    --
    If I have been able to see further than others, it is because I bought a pair of binoculars.
  5. Re:Whose networks are those? by Holi · · Score: 4, Insightful

    Are you talking about the parts that are run on public and private property (not owned by the isp), Because if that's the way you want to play. I am ripping every cable down that is not on THEIR property.

    You see they were granted easements in return for providing us a service. When they start limiting that service they should lose their right of way and then they won't have a network anymore.

    --
    Sorry, teleporters just kill you and then make a copy. A perfect, soul-less copy.
  6. Re:Whose networks are those? by Jason+Levine · · Score: 4, Informative

    In addition, many of these networks were built thanks to an infusion of taxpayer dollars to the companies in question in exchange for some promises that the ISPs then "forgot" about when it came time to deliver (and used their lobbying muscle to prevent anyone holding them to their promises).

    --
    My sci-fi novel, Ghost Thief, is now available from Amazon.com.
  7. Open Secrets - Jay Rockefeller by Tenebrousedge · · Score: 4, Informative

    His profile doesn't seem to have Netflix, Hulu, or Amazon listed as major contributors, so I'd guess this man is honestly trying to do something for his constituents. It's also worth noting that he is doing this in spite of Verizon being a major source of funding. Also related and notable, he is retiring at the end of the current Congress -- he came out in favor of gay marriage this year too, and in West Virginia that probably means something. I get the impression he's trying to leave a good legacy, and it's nice to see that.

    --
    Those who advocate genocide deserve every protection afforded by law, and none afforded by common human decency.
  8. Re:Wait.. by fustakrakich · · Score: 4, Insightful

    And given how many copyright violations occur via torrents (percentage-wise), not sure the protocol deserves very many legal protections at this point in time.

    Now there's an attitude that deserves no respect... like copyright itself. I don't want anybody deciding what protocols I can transmit/receive. I only want a pipe. That's what the ISPs should provide. Throttling is a form of censorship.

    --
    “He’s not deformed, he’s just drunk!”
  9. Re:Whose networks are those? by Jason+Levine · · Score: 4, Informative

    Here's one result from a quick Google search: http://www.techdirt.com/articles/20131012/02124724852/decades-failed-promises-verizon-it-promises-fiber-to-get-tax-breaks-then-never-delivers.shtml

    Basically, Verizon asked for massive tax breaks ($2.1 billion) in 1994. In exchange, they said they would wire all homes up with fiber by 2015. By 2004, they were supposed to have 50% of homes wired, but didn't have any. Now they have halted all FIOS expansion and are basically reneging on the promise entirely. Of course, they're claiming that wording in the contract allows them to do some of this. (Stuff like lines "passing" homes which they claim means they can run a line near a home and that home counts even if that home isn't hooked up to the fiber.)

    --
    My sci-fi novel, Ghost Thief, is now available from Amazon.com.
  10. Competition takes three. by Ungrounded+Lightning · · Score: 4, Interesting

    Now a 3rd option is in my area. Haven't noticed any throtteling on Netflix or Youtube. Even a test torrent worked just fine.

    Part of the problem is that the government defines "competition" (especially in communication regulation, ever since the initial rollout of analog cellphone service) as starting with two competitors. It writes regulations that stop pushing for competition at two.

    As I understand it, with two "competitors", rational pricing optmization algorithms actually drive them to splitting the customer base about equally with a high profit margin. No collusion is necessary - the price and market share transmit enough information to drive the effect.

    With four or more you're virtually certain to get somebody squeezed into a small market share but still able to survive. His best strategy, near term, is to compete with a low price or better price:performance ratio and grab market share. This starts a price or price:performance war that drives the market price toward cost plus a livable profit margin and/or makes the better service necessary for market survival. By the time this settles out the little guy is usually a big enough guy that he doesn't get squeezed out.

    With three competitors the high profit / low service level equilibrium is somewhat unstable, so it might go any of several ways (three gougers, squeeze out the little guy, or {usually} the price/service war).

    --
    Bantam Dominique roosters crow a four-note song. Once you've heard it as "Happy BIRTHday" you can't NOT hear it that way