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FCC Chair: It's Ok For ISPs To Discriminate Traffic

sl4shd0rk writes "Remember when the ex-cable lobbyist Tom Wheeler was appointed to the FCC chair back in May of 2013? Turns out he's currently gunning for Internet Service Providers to be able to 'favor some traffic over other traffic.' It would set a dangerous precedent, considering the Open Internet Order in 2010 forbade such action if it fell under unreasonable discrimination. The bendy interpretation of the 2010 order is apparently aimed somewhat at Netflix, as Wheeler stated: 'Netflix might say, "I'll pay in order to make sure that my subscriber might receive the best possible transmission of this movie."'"

23 of 365 comments (clear)

  1. What Internet? by Neuroelectronic · · Score: 5, Insightful

    All I see is a bunch of telecom fiefdoms expanding their influence. It was nice having an internet for a while, but TCP/IP was never built to enforce network neutrality, and you can't stop technology from breaking old protocols and extracting value from communication before that value can be delivered to the real intended recipient.

    Deep Packet Inspection is Piracy. Return the favor.

    1. Re:What Internet? by SuricouRaven · · Score: 5, Insightful

      There are technological countermeasures that can be investigated. Encryption, obstucated protocols, decentralisation. Ideally some day truely decentralised mesh networking (I personally think CAN is key to making that workable), but that depends not just upon improving technology but also having a dense enough population of activist-enthusiasts.

    2. Re:What Internet? by jxander · · Score: 5, Informative

      Netflix (being called out by name in this instance) has offered a decentralization solution. They've offered to install storage nodes to hold the majority of their library within Comcast's network and minimize traffic... but comcast said NO, as it would compete with their own digital movie delivery methods.

      --
      This signature is false.
    3. Re:What Internet? by Jane+Q.+Public · · Score: 4, Insightful

      "This has been a cat and mouse game for a long time now... and the cat is starting to be the one winning."

      Gaming the political system is not "winning". It's cheating. There is a very big difference.

    4. Re:What Internet? by rtb61 · · Score: 4, Insightful

      The oft repeated lie. The content creator creates traffic, 'LIE'. The end users creates the traffic by requesting the delivering of content, 'TRUTH'. So what they are saying is the end user should pay for band width and traffic and after they are charged for it, ISP, should be able to cripple the supply so they can charge someone else for it again.

      What is it all really about. The current Telecom incumbents all want to become digital publishers, so their intent is to put competitors out of business including those who self publish by either throttling their delivery services to the customers to the point of making them unusable or by over pricing them to make them non-competitive.

      Oh look it's yet another Uncle Tom Obama the choom gang coward corporate appointee, who would have believed it.

      --
      Chaos - everything, everywhere, everywhen
  2. News to me by paiute · · Score: 5, Informative

    Here I thought the outrageous check I write to Comcast every month was supposed to pay for them to pipe me the best possible signal from whatever website I choose. Silly me.

    --
    If Slashdot were chemistry it would look like this:Cadaverine
    1. Re:News to me by ZombieBraintrust · · Score: 4, Informative

      Cable companies are goverment enforced monopolies in most of the country and consumers don't have a market to choose from. They can choose the cable monopoly or the phone monopoly for thier internet.

    2. Re:News to me by crunchygranola · · Score: 4, Interesting

      Cable companies are goverment enforced monopolies in most of the country....

      In my community the local government is trying to get Verizon FIOS to lay cable and provide service to challenge Charter, but Verizon is not interested.

      Cable companies like to claim their monopolies are "enforced" by government, but really cable companies are perfectly happy with having the map carved up into highly profitable monopoly fiefdoms.

      --
      Second class citizen of the New Gilded Age
  3. They're already paying by wiredlogic · · Score: 5, Insightful

    Netflix already pays for their connections to the internet. Consumers already pay in kind for their connections. The middlemen are already making money hand over fist. They would just like to avoid playing in a free market so they can make even more money.

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    I am becoming gerund, destroyer of verbs.
    1. Re:They're already paying by Anonymous Coward · · Score: 5, Insightful

      No, Netflix is paying a service provider for every bit of bandwith they use. If this isn't enough, their service provider should raise their fees.

    2. Re: They're already paying by JonBoy47 · · Score: 4, Insightful

      I have every confidence that Netflix is paying for all the bandwidth they're using, as are Netflix's subscribers. If there's congestion In-between then it's the backbone providers to upgrade, and build that into their cost structure.

  4. Re:well... by mrchaotica · · Score: 5, Insightful

    LOL, as if the exactly two providers (one cable, one DSL) in each market wouldn't "coincidentally" adopt exactly the same anticompetitive policies!

    --

    "[Regarding the 'cloud,'] ownership was what made America different than Russia." -- Woz

  5. Let's not just give in by Traze · · Score: 4, Informative

    Whitehouse.gov Sign the petition, and at least get your voice out there.

    Who know's? It might not fall on deaf ears.

    1. Re:Let's not just give in by bmo · · Score: 4, Funny

      They have a special printer that prints out those petitions on toilet paper.

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      BMO

  6. As I say whenever this topic comes up... by HaeMaker · · Score: 5, Interesting

    If I am Netflix, Google/YouTube, Amazon, etc. and an ISP comes to me asking for money for preferential treatment, I would just say: "Pay me $1/subscriber, or I will block your users from my site--you know, just like how you pay ESPN for their content..." I find it hard to believe these sites need ISPs more than ISPs need these sites.

    1. Re:As I say whenever this topic comes up... by Anonymous Coward · · Score: 5, Interesting

      The BBC's iPlayer in the UK has threatened any ISP who tries this with being put on a name and shame list.

      http://www.ispreview.co.uk/story/2010/11/18/bbc-system-to-name-and-shame-uk-isps-that-throttle-iplayer-broadband-traffic.html

      How long before this happens in the USA forcing the ISPs to back pedal and pretend nothing happened?

  7. Hopey Changey by EmagGeek · · Score: 5, Informative

            "I am in this race to tell the corporate lobbyists that their days of setting the agenda in Washington are over. I have done more than any other candidate in this race to take on lobbyists â" and won. They have not funded my campaign, they will not run my White House, and they will not drown out the voices of the American people when I am president."

            -- Barack Obama, Speech in Des Moines, IA
            November 10, 2007

  8. What the hell? by HeckRuler · · Score: 5, Insightful

    Wheeler: "Netflix might say, "I'll pay in order to make sure that my subscriber might receive the best possible transmission of this movie."

    Huh, that's funny. I though I ALREADY PAID the ISP to get the best possible transmission.

    Oh, I'm sorry, you wanted to buy access to ALL of the Internet? You only bought basic Internet. That simply doesn't include Netflix. But it includes Youtube now that Google ponied up some cash. You need to pay the premium rate to get Netflixs. Plus an extra surcharge for Wikipedia because they said something nasty about us once.

  9. Figures this guy is a cable shill by JonBoy47 · · Score: 4, Insightful

    The internet already provides the viable infrastructure for on-demand video delivery, as demonstrated by the litany of devices that support Netflix playback.

    The Great Recession already saw many people belt-tighten by canceling their cable TV. Subscriber numbers are in slow decline. Netflix, YouTube and Hulu are just a few content deals away from completely destroying the value proposition of cable TV for remaining subscribers. Cable companies believe their only hope of keeping that revenue from disappearing is to make sure their internet service isn't viable for video delivery. Net neutrality means they can't manage their network traffic and make netflix et al unusable for their subscribers.

    Cue the new FCC chief.

  10. Re:well... by mrchaotica · · Score: 4, Insightful

    Netflix paying money to my ISP creates a new equilibrium in which the rates charged to me by my ISP may be lower.

    No. It only ever creates a new equilibrium where your ISP's profits are higher.

    --

    "[Regarding the 'cloud,'] ownership was what made America different than Russia." -- Woz

  11. But that IS a government enforced monopoly by Chibi+Merrow · · Score: 5, Interesting

    Your local government has picked Charter to be the local monopolist. The solution isn't to get Verizon to lay lines, it's to allow alternative cable providers to operate. If it comes down to it, require Charter to sell access to their lines. If Charter throws a fit, see how they like running cable without government granted right-of-ways.

    --
    Maxim: People cannot follow directions.
    Increases in truth directly with the length of time spent explaining them
  12. Let's make it a trade by gman003 · · Score: 5, Interesting

    You know what, sure, let's let ISPs discriminate traffic. Let's let them outright block any site that doesn't pay them enough. But in exchange, they lose their safe harbor protection.

    So anyone who launches a DoS or other "attack" over that ISP? They're partially liable. After all, they could have slowed or stopped that attack.

    Anyone pirates anything? Liable. If they're blocking sites for their own purpose, they can obviously block illegal downloads as well, right?

    Somebody posts a threat on Facebook? Cyber-bullying? LIABLE. Fraud? LIABLE.

    Basically, if it's illegal and done through an Internet connection provided by that ISP, that ISP is a co-defendant in any civil or criminal suit.

    Of course, the only way for an ISP to operate in such a legal environment would be to block everything by default, and only whitelist acceptable sites. Which of course cannot include anything with user-generated content - no Facebook, no Wikipedia, no Ebay. Of the 23 sites in my bookmarks bar, the only one that probably wouldn't get blocked is Wolfram Alpha.

    So sure! Let ISPs start filtering traffic - as long as they take responsibility for anything that they allow through.

  13. Re:OTOH... by brainboyz · · Score: 4, Insightful

    Yes, but that works to the ISP/Cable/Phone companies' advantage. Driving up the price of Netflix reduces the competition force.