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FCC Planning Rule Changes To Restore US Net Neutrality

Karl C writes "In a statement issued today, FCC commissioner Tom Wheeler announced that the commission will begin a rule-making process to re-impose Net Neutrality, which was recently struck down in Federal court. Among the standards Wheeler intends to pursue are vigorous enforcement of a requirement for transparency in how ISPs manage traffic, and a prohibition on blocking (the 'no blocking' provision.) This seems like exactly what net neutrality activists have been demanding: Total prohibition of throttling, and vigorous enforcement of that rule, and of a transparency requirements so ISPs can't try to mealy-mouth their way around accusations that they're already throttling Netflix. Even before the court decision overturning net neutrality, Comcast and Verizon users have been noting Netflix slowdowns for months."

34 of 235 comments (clear)

  1. No throttling? Shit! by Anonymous Coward · · Score: 5, Funny

    There are many times I want to throttle AT&T and with these proposed regulations, I won't be able to do it?!

    NO! We must preserve out right to throttle these people!!

  2. Not imposing common carrier status by Anonymous Coward · · Score: 5, Insightful

    I imagine there are some legal reasons for not invoking common carrier status for ISPs, legal reasons that will sound like bullshit to everyone not in possession of billions of dollars.

    1. Re:Not imposing common carrier status by Attila+Dimedici · · Score: 3, Informative

      It sounds to me like the ISPs position is that if they are going to be subject to net neutrality, they want the whole ball of wax of being a common carrier. On the other hand, the FCC does not want to call them common carriers. It would be interesting to see why the FCC does not want to call them common carriers, since the judge flat out told them that the only way they can legally regulate "net neutrality" is if they change their classification of ISPs to common carrier.
      It looks to me like the FCC's plan here is to keep massaging these rules and re-issuing them until the ISPs decide they cannot afford to keep going back to court over it.

      --
      The truth is that all men having power ought to be mistrusted. James Madison
    2. Re:Not imposing common carrier status by bobbied · · Score: 2

      There are reason, but I'm not sure I can agree that we shouldn't.

      HOWEVER, if you want to give common carrier status to ISP's there are going to have to be some technical limits imposed first on what an ISP can actually do that's under common carrier rules, and second, what an ISP cannot do with the traffic it routes.

      FIRST, you have to limit common carrier to ONLY the data transmission part of the business. If it is not *directly* shoveling TCP packets from point A to point B it needs to be OUTSIDE of the common carrier rules. Any kind of "store and forward" system, where data is not just being buffered for retransmission will not fall under common carrier rules. So your web proxy, E-mail relay and Web Servers are out but your routers and switches are in.

      SECOND, you have to have a demarcation point where common carrier rules cease to apply when data enters customer premises. Once the data enters the system through a demarcation point, it must be handled like any other data in the system and cannot be monitored (without a warrant) or disrupted on it's way out of another demarcation point. ISP's cannot monitor or manage traffic based on the type it is or where it is going. They must just route it.

      But I'm not so sure this is a good idea. It releases the ISP from ALL liability for the data they carry at the same time it imposes free passage of the data. People who want to take advantage of this and disrupt the ISP's network, can, and the ISP will be powerless to monitor, diagnose, and prevent such abuse. They might not be able to TOS you, but they won't be able to TOS the idiot next door either.

      The FCC had better think carefully about declaring ISP's common carriers or there will be some nasty side effects I'm not sure any of us will like.

      --
      "File to fit, pound to insert, paint to match" - Aircraft Maintenance 101
    3. Re:Not imposing common carrier status by mrchaotica · · Score: 3, Insightful

      It sounds to me like the ISPs position is that if they are going to be subject to net neutrality, they want the whole ball of wax of being a common carrier.

      ISPs don't want to be common carriers. The reason given in the link is of course bullshit; the real reason is that being classified as common carriers would force them to divest themselves of their (relatively lucrative) content business.

      --

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

    4. Re:Not imposing common carrier status by Col.+Klink+(retired) · · Score: 2

      No, I think it was the commission themselves, not Congress, that classified them as an "information service" when they COULD have called them a "telecommunications service." However, it is within the FCC's power to reclassify them and they don't need approval from Congress.

      The court told the FCC:

      Given that the Commission has chosen to classify broadband providers in a manner that exempts them from treatment as common carriers, the Communications Act expressly prohibits the Commission from nonetheless regulating them as such.

      Basically, the court just told the FCC that if they want to treat them as common carriers, all they have to do is classify them properly.

      --

      -- Don't Tase me, bro!

    5. Re:Not imposing common carrier status by Overzeetop · · Score: 3, Insightful

      If there was ever a good reason FOR making them common carriers, I'm going to say that content divestiture is it!

      --
      Is it just my observation, or are there way too many stupid people in the world?
    6. Re:Not imposing common carrier status by Bengie · · Score: 3, Insightful

      People who want to take advantage of this and disrupt the ISP's network, can, and the ISP will be powerless to monitor, diagnose, and prevent such abuse.

      There is a huge difference between managing your network and snooping on peoples traffic. Network diagnosing and troubleshooting would not be limited. An ISP running snort on a network is not an issue, but an ISP trying to classify your data streams and manipulating them for profit is an issue. Any legal traffic should be left unfettered, but detecting and responding to illegal or malicious traffic is normal operations.

      Otherwise, that you're saying is something analogous to a public park not able to kick someone out because they pose a threat. If someone is chasing people around with a knife, you don't just go "well, it's a public place". It also means you can still have police at public parks. An ISP that monitors their network is like a park with police, and someone doing something disruptive is like that crazy man chasing people around with a weapon.

    7. Re:Not imposing common carrier status by vux984 · · Score: 3, Insightful

      People who want to take advantage of this and disrupt the ISP's network, can

      No. Just no. Just as you are not allowed to disrupt the landline telephone network.

      The telephone company is free to monitor all sorts of performance metrics about its landline operations to ensure smooth functioning. And it is free to disconnect any connection that attempting to disrupt the network.

      So your web proxy, E-mail relay and Web Servers are out but your routers and switches are in.

      Again not sure why. I do not want the ISP liable for the contents of my email messages, nor do I want them inspecting them out of some fear that they will be held liable. That is as it should be. If I get a death threat by email, I don't sue my ISP, nor should I be able to sue them, simply for delivering it.

      And excluding web proxy's is foolish since MANY ISPs run web proxies for performance reasons... no point in having 10 million people download the same file from microsoft.com when the isp can download it once, cache it, and serve it.

      And again, I do not want the ISP to be in any way liable for the contents of the proxy. If someone downloads illegal child porn I don't want the ISP sued into oblivion for caching it in their proxy, nor do I want the ISP inspecting and judging my traffic to ensure nothing they don't want to be held account for ending up in their caches.

      Frankly I want the ISP absolved of all liabilty for that stuff, and at the same time actively prevented from trying to mess with it for any reason except to improve performance, and mitigate active disruption. Note that "Illegal traffic" is orthogonal to "disruptive traffic" just like death threat phone calls, which are illegal, but are not disruptive to the network.

    8. Re:Not imposing common carrier status by AK+Marc · · Score: 2

      The Post Office is a common carrier, yet can still monitor service and terminate abusive/illegal service.

      I think the problem is people don't agree on a definition of "common carrier".

  3. Can you spell Restraint Of Trade? by AlphaBravoCharlie · · Score: 2

    That's what NetFlix, Hula, and anyone else should be suing ComCast and Verizon for.

    1. Re:Can you spell Restraint Of Trade? by Bengie · · Score: 2

      Yes, fraud is a moral issue. Not often you get to pay "up to" the amount on the sticker, then randomly decide that some products are worth less to you, so you may pay a small fraction of what you think it's worth.

      An ISP is free to oversubscribe, but as soon as they push it to its limit and it starts to affect the end user, then the ISP is at fault for not being able to actually provide what they're selling. As long as the customer's traffic is on their ISP's network, the traffic should not be degraded.

  4. No throttling - impossible dream by misnohmer · · Score: 3, Insightful

    Wherever there are finite bandwidth connections, there will always be throttling. Whether the throttling occurs based on type of traffic, end user limits, or "naturally" sort itself out via TCP or other protocols, throttling will occur as the bottlenecks fill up. If the carriers will not be allowed to do any throttling based on traffic type/source/etc, then the guy that decides to run a p2p file server will have his 500 connections open while your measly 1 netflix connection will get drowned out, as the "natural TCP throttling" tends to divide the bandwidth equally per connection (not per user). Then people will complain about the quality of service, but it will be neutral. What people are really wanting here is "don't throttle me", but that obviously cannot be satisfied for all users.

    On the other hand, the providers can implement another type of throttling - financial. Once they start charging you for bandwidth used, folks considering watching a netflix movie for $x per show may start throttling themselves.

  5. Netflix slowdown may be coincidental. by Bill_the_Engineer · · Score: 2

    From the article:

    A likely explanation for recent slowdowns is that Netflix usage went up, but peering and transit bandwidth didn't. Verizon and Comcast also haven't joined Netflix's "Open Connect" content delivery network, which can improve Netflix performance by placing video caches closer to customers.

    After this story published, one commenter pointed out that the declines in performance came after Netflix started delivering its so-called "Super HD" and 3D video to all customers, even those whose ISPs are not members of Open Connect. This may have increased the traffic load.

    Things could get worse for Verizon customers. While Comcast is still bound to follow the FCC's net neutrality rules due to conditions placed on its merger with NBCUniversal, Verizon is under no such obligation...

    Both companies are slow to upgrade their peering infrastructure and they both have been in disputes with bandwidth providers over compensation (eg. Level3). Net neutrality never applied in these two cases.

    --
    These comments are my own and do not necessarily reflect the views or opinions of my employer or colleagues...
  6. throttling, crappy HD quality, is why I download by Nyder · · Score: 2

    You want to play unfair? Well, Comcast, guess what? I can download what I want at a better quality then you can offer, so no need for your cable. Oh, you don't like people using Netflix? Well, fuck you then, I'll just download off usenet and torrents (via a vpn).

    Quit being stupid greedy fucks. Forcing me to use your services by fucking with everyone else's services isn't stupid and very short sited. I might currently have to use your internet, but enough people are getting sick of bullshit that you pull and are doing stuff about it. And for the record, I will not use your services, ie, Cable TV/Internet Phone mainly because you pull bullshit all the time. Plus you are way too expensive for the quality and services you provide.

    --
    Be seeing you...
  7. Re:Just make them common carriers already by JoeDaddyZZZ · · Score: 2

    Agreed, wire company or media company, but not both. Make the wire a utility.

  8. The REAL good news by DigitalSorceress · · Score: 5, Informative

    So, when the FCC re-rules ISPs as Common Carriers, the real good news is that means that 6 strikes rules and other copyright stuff is out the window... after all, a big part of common carrier status is taht you are exempt from having any responsibility for controlling the content you're carrying - so you can't be sued by a copyright owner because user susy q used your infrastructure to share/copy movie x.

    (Ok, so I bet they still WILL do crap like that because they're so far in bed with copyright owners... HHHMMM COMCAST/NBC? but it would be nice to stop them having their cake and eating it too... one can dream)

    I really am happy that the FCC and the Obama administration "get it" - the Internet has become vital to our economy and a free, fair, open Internet is key to innovation and continued growth. If the 'net were allowed to become an expensive toll road, it would only feed the pockets of the already wealthy whilst simultaneously raising the barrier to entry for anything new/innovative.

    --

    The Digital Sorceress
  9. Re:Totally out of control administration by bigpat · · Score: 2

    So getting slapped down in court means they'll do it anyway?

    The judge actually ruled that they could impose net neutrality, but only if they first labeled the companies as common carriers... which they most certainly are. All along the FCC should have been regulating these Internet network providers as telecommunication services and not merely as "Information Services". That designation made sense when companies like AOL were providing "Information Services" over existing telephone wires and thousands of ISPs were setting up shop with modem banks that used existing telecommunications networks for their communications, but it was always the case that the underlying infrastructure that connected these ISPs and connected the ISPs to the customers was regulated as a common carrier. Fast forward twenty years and we don't really have ISPs in the 1990s sense, at least not ones that are separate from the telecoms anymore.

  10. Re:throttling, crappy HD quality, is why I downloa by ArbitraryName · · Score: 3, Insightful

    You want to play unfair? Well, Comcast, guess what? I can download what I want at a better quality then you can offer, so no need for your cable. Oh, you don't like people using Netflix? Well, fuck you then, I'll just download off usenet and torrents (via a vpn).

    You understand that's not sustainable, right? Only so many people can cancel cable and go internet only before internet prices increase and speed drops.

  11. say'n and doin by fluffythdestroy · · Score: 2

    Saying a one thing but doing it is another thing. All I know is that lobbyist are very strong here since netflix and comcast generates huge loads of money. I don't think Comcast is ready to give up the attacks but this is a good day for net neutrality.

    --
    PC Gaming enthousiast that gives comments, opinions and reviews on Games. I'm just having fun with games while doing let
  12. Re:Could we be so lucky? by lgw · · Score: 5, Interesting

    If this is so great, explain "total prohibition of throttling". Most networks are oversubscribed, and that's OK since most users use a small portion of their allowed bandwidth. One way or another, there will be throttling. What about QoS-based throttling? Voice traffic is harmed much more by dropped packets than torrents. The ISPs sell voice service, and they sell products that compete with torrents. Doing the right thing for QoS directly serves the financial interests of the ISPs. Should we cut off our nose to spiderface? Never spiderface.

    So are we going to have clear rules about what you can and can't throttle? Simple rules won't work. ISPs will be better at gaming those rules than the FCC will be at writing them. As SuperKendall posted about 4000 times the last time this came up (and still most people didn't get it): the way Comcast was throttling Netflix was perfectly OK under the last set of rules. Do you think more rules will help? There are always corner cases to exploit, because each new rule just creates new corners.

    Anyhow, we know where any complex set of rules ends: the big players end up writing the rules. I'm sure the cable companies would happily give up throttling Netflix if they get in exchange the ability to bar any new players from entering the ISP business. After all, they don't have local monopolies everywhere yet, but with a high enough regulatory barrier to entry they could get there.

    --
    Socialism: a lie told by totalitarians and believed by fools.
  13. Re:Could we be so lucky? by interkin3tic · · Score: 4, Interesting

    Assume no. Proceed as if the announcement was made that things are going to get worse. E-mail the FCC, e-mail your congressperson. We should believe that this is merely PR to get us to calm down, then do nothing. Wheeler was a lobbyist for the people he's regulating. That doesn't prove he's corrupt and is doing this to screw us over, but I'd bet good money if I had it that he's corrupt and is doing this to screw us over.

  14. Re:Could we be so lucky? by Samantha+Wright · · Score: 4, Insightful

    I'm pretty sure networks are oversubscribed because ISPs have no motivation to improve them. The margins for large service providers are ridiculous. A lot more infrastructure can be built before providing internet access becomes unprofitable.

    --
    Bio questions? Ask me to start a Q&A journal. Computer analogies available for most topics!
  15. Re:Could we be so lucky? by KingMotley · · Score: 2

    So now you are going to make it so that any pipe the ISP has, if it becomes saturated with data, they are legally required to upgrade it to a larger pipe?

    No? Because that is how netflix is being "throttled" today. They just don't have a large enough pipe to them to satisfy all the requests.

  16. Re:Could we be so lucky? by Bengie · · Score: 4, Insightful

    "Oversubscribed" does not mean "congested". If your network is congested, then you're overselling it to the point that you are no longer providing what you're advertising. For wireless networks, I could see throttling until a better design or management solution is available, but fixed line should not do throttling. If an ISP needs to state two speeds, one for "Internal" ISP network speeds and "External" Internet speeds, so be it, but a customer should not have to guess what speeds they will have.

    If an ISP sells a 10mb connection, they should not be the bottle neck. I repeat, the ISP should not have congestion on their networks. They cannot control other networks, but they can control their own. If you don't have it, don't sell it. If the competition is marketing faster speeds that you can't support, tough luck.

    It really just comes down to false advertisement. You don't see people selling cars with "up to 40mpg", then you only get 5mpg in normal driving conditions.

  17. This was my submission... by Karl+Cocknozzle · · Score: 4, Insightful

    Everybody else's full-handle is used in their submissions (including people with SPACES and names 3-5x longer than mine) so why am I "Karl C" and not "Karl Cocknozzle?"

    Truncating my last name is an insult to generations of Cocknozzles that have come before me.

    --
    Who did what now?
    1. Re:This was my submission... by liquidsin · · Score: 2

      I clicked your username to see if it shows on your page, and sure enough there's the submission, with your proper full name. I'm hoping Dick Butkus submits a story, just to see if it's changed to "Richard B". HEY DICK! YOU READING THIS?!

      --
      do not read this line twice.
  18. Re:Could we be so lucky? by lgw · · Score: 4, Insightful

    "Oversubscribed" does not mean "congested".

    Oversubscribed always means "congested sometimes". If the ISP is doing it's job (pause for laughter) then it's not congested most of the time.

    If an ISP sells a 10mb connection, they should not be the bottle neck. I repeat, the ISP should not have congestion on their networks.

    If you want guaranteed bandwidth price a T3 line sometime. Guarantees are very expensive. A service that's congested 5% of the time likely costs 1/10th as much as a service that guarantees no congestion. Chances are you want the oversubscribed product, not the guaranteed bandwidth for home use.

    --
    Socialism: a lie told by totalitarians and believed by fools.
  19. Re:Could we be so lucky? by lgw · · Score: 2

    That's an orthogonal concern though. The product ISPs sell for home use isn't a guaranteed bandwidth product (those exist for business), it's an oversubscribed product. It's really much cheaper to provide an oversubscribed product, chances are you'd pay 10x for the guarantee of bandwidth.

    In any case, for the world we live in, what do we do about throttling? Do we let the packets fall where they may? That would certainly be fair, but your telephone would become unusable under high congestion. I treasure my analog phone line, but since those are going away I'd sure like to hear clear voice traffic at the expense of torrents.

    And what do you do about services like Netflix that (on pitiful DSL lines like mine) use all available bandwidth by design? It's the right design, I think, because it shouldn't be Netflix's job to ensure my voice call is clear. But with Netflix cramming as many packets down the pipe as possible, unaware of my voice call, someone has to do QoS throttling somewhere, and I sure as heck don't want to replace my router with Linux box just so I can learn to do that myself!

    --
    Socialism: a lie told by totalitarians and believed by fools.
  20. Re:Could we be so lucky? by icebike · · Score: 4, Interesting

    So now you are going to make it so that any pipe the ISP has, if it becomes saturated with data, they are legally required to upgrade it to a larger pipe?

    No? Because that is how netflix is being "throttled" today. They just don't have a large enough pipe to them to satisfy all the requests.

    Wait, there is evidence that Netflix is SELECTIVELY throttled today, not that available bandwidth is exhausted.

    In other words, when everybody jumps on Netflix in the evening, Gaming, YouTube, and just plain surfing should be dreadfully slow. Yet that does not appear to be the case for most people. Netflix is affected, but the spam and chock-full-of-ads pages load as fast as ever.

    So your premise is wrong, which means your conclusion can't be supported.

    HOWEVER, still, you make a good point, because when Netflix is not selectively throttled, the effect of everybody wanting one to five high bandwidth streams into every home could have a devastating effect on all parts of the network. Especially the last mile.

    Even when Netflix (and similar) servers are located on the ISP's local head-ends, moving all TV viewing to IP traffic will swamp the last mile. It is dramatically more traffic than the same amount of programming traveling by digital cable, because every single user is a separate stream starting at separate times.
    (Please don't anyone pop up and say Multicast. It doesn't work that way and won't help).

    So you are left with the same problem, of potentially saturated bandwidth as everybody moves to IP-TV. And forcing cable plant upgrades to fiber everywhere is probably the only way around this. But the FCC probably doesn't have the authority to do that, and the natural Monopoly enjoyed by cable plants probably isn't going to make it easy for competition to come in.

    --
    Sig Battery depleted. Reverting to safe mode.
  21. Re:Could we be so lucky? by Obfuscant · · Score: 2

    Again, in the recent case where Comcast was throttling Netflix

    The recent case as covered here was Verizon, and the claim was they were throttling because 1) a script-kiddie tech support person made the mistake of agreeing with a strident customer to get him off the line, and 2) the customer's Netflix wasn't working as well at home under a residential account as it was at work using a business account. (1) was just stupid, and (2) doesn't prove throttling of Netflix, only a difference in the bandwidth that residential vs. business accounts pay for.

  22. Okay, just a thought experiment here. by seebs · · Score: 2

    Say someone runs a mail server which responds to known spam sources by slowing down to a character a second or so.

    Should this be illegal?

    Because whenever I see simple descriptions of what "net neutrality" ought to be, it seems to me that they are advocating making basic security provisions like "throttle or block attackers" illegal too, because there's no exceptions suggested for them.

    --
    My blog: http://www.seebs.net/log/ --- My iPhone/iPad app: http://www.seebs.net/seebsfrac/
  23. Re:Could we be so lucky? by nobuddy · · Score: 2

    You simply need to learn how to drive. Every car I have owned has gotten better than the MFR listed average. Jackrabbit starts, excessive speed, and constant delta-V change (slow, fast, slow fast, goddammit get outta the way asshole, VERY fast, brake hard, slow. fast) will destroy your fuel economy.

    get to the right and set your cruise control for the speed limit, or even lower. unless you are driving hundreds of miles, you will arrive within seconds of the guy that drives like you do, and use half the gas doing it.

    I proved this to my leadfoot wife. For a couple of weeks, we took two cars everywhere. She drove her way, I drove mine. We each had a kid to keep it honest. Every single time i pulled in right behind her.
    every.
    single.
    time.

    without fail. you gain nothing whatsoever from driving like that, except an empty wallet and some ulcers.

  24. Re:Could we be so lucky? by Teun · · Score: 2
    I live in a country where net neutrality is written in law.

    An ISP can offer VOIP/SIP telephone as a separate service and legally 'reserve' bandwidth for this service.
    There's no conflict with the neutrality rule, you get what you pay for.

    What they can't do is allow one SIP/VOIP provider faster access than another competing one.

    --
    "The likes of Facebook and WhatsApp are free to those whose privacy is of zero value."