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Robert McMillen: What Everyone Gets Wrong In the Debate Over Net Neutrality

ygslash writes "Robert McMillen of Wired claims that we have gotten Net Neutrality all wrong. While we are all busy arguing about whether there should be regulations preventing large content providers from getting preferential bandwidth, McMillen says that not only have the large content providers already had preferential bandwidth for ten years, but that by now this has become an inherent part of the structure of the Internet and in practice cannot be changed. Instead, he says, the Net Neutrality discussion should be about ensuring a free and open competitive market for bandwidth, so that anyone who wants bandwidth can purchase it at a fair price.

70 of 270 comments (clear)

  1. Everybody is wrong... by supertrooper · · Score: 4, Insightful

    ...but he got it right? Sure, why not.

    1. Re:Everybody is wrong... by Anonymous Coward · · Score: 5, Insightful

      No, the net neutrality "commies" would have the taxi which takes you to the restaurant drive at the best speed, and not slow to a crawl if your restaurant of choice hasn't paid off the taxi company.

    2. Re:Everybody is wrong... by bickerdyke · · Score: 4, Insightful

      No. The problem without net neutrality would be that a provider charges on both sides.

      Or to pick up your restaurant analogy. Everyone is paying for their internet access already. Different prices, according to a free market. Dialup custumers pay $5 for their cornbread internet connection, Cable/Dsl customers pay Lobster prices for fast internet connection, and companies like Google and Netflix pay several complete buffets at a dozen restaurants to connect directly to each of the restaurants internet backbones.

      The proposed anti-neutrality would make it legal for corn farming assosications to pay a restaurant money for serving cornbread to anyone, no matter if they ordered and payed for cornbread or lobster. Or in internet terms again: artificially slow down delivery to customers who already paid more for a faster internet connection.

      --
      bickerdyke
    3. Re:Everybody is wrong... by 91degrees · · Score: 2

      He's either right or he's wrong. But the popularity of the other opinion doesn't affect this. Only the actual facts.

    4. Re:Everybody is wrong... by AnontheDestroyer · · Score: 3, Interesting

      He absolutely got it right. "Net neutrality" commies would apparently argue that a restaurant should be forced to have all entrees at the same price, e.g. lobster $5, hamburger $5, corn dog $5. What are there, maybe a dozen or so of us left in Amerika that believe in free markets?

      And here we have the real misunderstanding. Does anyone know if there is some right-wing organization out there that is trumpeting this idea? I have only seen it from Republicans ("conservatives"). I don't see it often, so it strikes me as a strawman that a few Dunning-Kruger head-cases are manufacturing on their own, but it would be nice to know if it has a source.

    5. Re:Everybody is wrong... by Anonymous Coward · · Score: 2, Insightful

      No, idiot. It's like a restaurant that only serves cheeseburgers. You can either pay $50 to get in the fast lane and get your cheeseburger fast, or you can eat your $5 cheeseburger cold.

    6. Re:Everybody is wrong... by Penguinisto · · Score: 4, Insightful

      What are there, maybe a dozen or so of us left in Amerika that believe in free markets?

      If the ISP/telecom market were truly a free market, you might have had a point.

      --
      Quo usque tandem abutere, Nimbus, patientia nostra?
    7. Re:Everybody is wrong... by mellon · · Score: 5, Insightful

      Well, his chart is a good clarifying bit. But aside from that, he seems to be in complete agreement with John Oliver and all the other stories I've read on the topic: the problem is, truly, not with fast lanes, but with slow lanes. If they were not dicking with Level 3 by giving them a more congested link than they give Google, we would have nothing to complain about. The point about the last mile is also true, and going back to Common Carrier-based regulation would address that point, because it would re-open the ability of the FCC to require carriers to sell last-mile bandwidth to their own internal business units for the same price that they sell it to competitors. This is not something new to the discussion, although I will admit that not every article about Net Neutrality covers it.

      So I guess this article is worth reading, because I think it does hit on all the major points, but the characterization that it's the first to do so, and that everybody else has gotten it wrong, is essentially clickbait. Forgivable, since in this case the article is worth reading.

    8. Re:Everybody is wrong... by mellon · · Score: 2

      More importantly, it's the only restaurant in town, and there are no grocery stores. So if you want a cheeseburger, you go there. And because of that, they can charge you extra for better service, because nobody else is able to offer you service at all. Honestly, the restaurant analogy doesn't work very well.

    9. Re:Everybody is wrong... by Anonymous Coward · · Score: 3, Interesting

      I argue pro net neutrality because I enjoy the Internet, like how it has operated the majority of my life, and like to look at picture of cats with captions over their heads. My horse in the race is small and colorful and espouses the merits of sharing and kindness. I am not Netflix, or Google, or an ISP. I am still part of "everybody". When the arguments about "what should be done" exclude the voice of the people, and is the exclusive argument of the big-money players, then it's time to burn it all down.

    10. Re:Everybody is wrong... by BronsCon · · Score: 4, Insightful

      First, what is wrong with a provider charging on both sides? If Netflix wants to push terabits of data through a network, why shouldn't the network owner be able to charge Netflix for that? You baldly state "The problem..." and provide no support as to why your "problem" is just that. Given that it's the way the internet currently works, how do we know prohibiting such behavior would result in any improvement?

      The first thing wrong, here, is your understanding of the issue. Netflix pays their provider already, and they push their data through their provider; that provider, then, pushes the data through the next provider, and so on, and so forth, until it reaches the intended user. In essence, it is not Netflix pushing the data through each provider, but rather each consecutive provider pushing the data to the next, and they all have peering agreements which should cover situations where there is an imbalance in traffic. None of this is, nor should be, of any concern to Netflix or the end user, so long as they are both paying their respective providers.

      Post a package from the US to China. Do it. Pick a random address in China, put a random item in a box, drive to the post office, and send the box to that address. How many providers carry that box? At least 2. How many do you pay? One. We're talking about the same concept, here.

      --
      APK quotes people (including myself) without context and should not be trusted. Just thought you should know.
    11. Re:Everybody is wrong... by Anonymous Coward · · Score: 2, Insightful

      This is exactly the problem, it isn't the fast lanes. I don't think anyone who wants a fast lane and wants to pay for it is wrong, and the companies offering it should be allowed to provide it.

      The biggest problem, as I see in Canada is that there are ONLY two lines running to my house, one line is owned by Bell, the other owned by Rogers. This means that any service I get is dictated by their equipment.

      I can go to other providers who have, by law, been allowed to use this last mile, but that doesn't mean Rogers or Bell can't dick around with my connection.

      I'm fine to pay the carriage fee to Bell, or Rogers to get to my house, whatever, they ponied up the cash to install the lines, so charge a $5.00 a month fee, or $10.00 a month fee for the last mile, but if I am paying for it it better damned well work and there better be someone responsible to actually manage it.

      On top of that, then I should be able to choose whomever I want to provide my service, and technically I can and do, but I should be allowed to purchase a 10-30-100-150Mbps connection, and HAVE that bandwidth available.

      Again net neutrality is not about whether or not I have a 1Mbps connection or a 1Gbps connection, those are all options on the menu of choices. What is important is that when I pay for 1Gbps, with unlimited bandwidth that whether I open Facebook, the Globe & Mail, a Porn site, download a bit torrent or connect to Netflix, NOBODY should be able to touch the speed of my connection, or throttle my traffic based upon the type of traffic.

      Let me state that again:
      Net neutrality is not about the speed of the connection it is about someone modifying the speed of my connection based on the type of data I am accessing.
      If I explicitly pay for a connection that is going to be 'Speed X' and there is no stipulation that connections to Netflix will be down-speeded, then that is what I should get.

      This does NOT mean that my connection to Netflix is guaranteed, not in the least, but my connection through my provider CAN NOT be messed with, unless I have a package, or service that suggests otherwise.

      If Granny only wants to get a 1Mbps second connection so she can check email or look at videos on Facebook, then sell her that connection, but don't turn around and sell me a 10Mbps connection and tell me that the reason my connection to Netflix is slow is because of the backhaul on the internet when I know damned well that you have sole my 10Mbps connection to 12 Grannies who all happen to be watching the world cup of knitting at the same time, in the hopes that you will get a quicker return on your investment.

    12. Re:Everybody is wrong... by whistlingtony · · Score: 2

      Perhaps if the restaurant charges you for the hamburger, and then turns around and ALSO tells the farmer that he'd better pay up or they won't serve his beef to the customers, while the restaurant is starting a beef farm.

    13. Re:Everybody is wrong... by whistlingtony · · Score: 4, Insightful

      I love the Free Market crowd. I usually just challenge them to show me a free market, one that isn't tinkered with by a large organization (government or private) anywhere in the world.... I'll wait.

      Free Markets are a useful tool to explain some economics concepts, but do not exist in real life.

    14. Re:Everybody is wrong... by pepty · · Score: 5, Insightful

      This analogy is falling apart, but: It's not a demand that all entrees be equally priced. It's whether the guy who owns ALL of the restaurants in town can charge more for fish and deliver it cold and 20 minutes after the other seafood entrees sent to the table if that fish was sourced from a competitor instead of from his own fishing boat like the other seafood items. Not really a problem in a competitive market, but a big problem in monopolies and duopolies.

    15. Re:Everybody is wrong... by pepty · · Score: 4, Insightful

      First, what is wrong with a provider charging on both sides?

      Nothing really, so long as different charges and levels of access aren't used to put competing content providers at a disadvantage. If your electric company was also a distributor for Anheuser Busch would you object if they charged more for electricity and let the voltage wander when your refrigerator was full of Stone smoked porter instead of Michelob? Charge more for better service by all means, but a utility (which is how broadband should be classified) shouldn't play favorites.

    16. Re:Everybody is wrong... by frank_adrian314159 · · Score: 4, Insightful

      ... it would be nice to know if it has a source.

      Well, I would assume it emerges as a corollary of a Libertarian mind-set that wants a market solution for everything. Don't attribute to malice that which can be easily explained by stupidity.

      --
      That is all.
    17. Re:Everybody is wrong... by Anonymous Coward · · Score: 3, Insightful

      I'd say the illegal drug trade market could be an example of a free market at work. Every buyer and seller has the same risks and same barriers to entry.

    18. Re:Everybody is wrong... by Penguinisto · · Score: 5, Insightful

      I love the Free Market crowd. I usually just challenge them to show me a free market, one that isn't tinkered with by a large organization (government or private) anywhere in the world.... I'll wait.

      Free Markets are a useful tool to explain some economics concepts, but do not exist in real life.

      It's not an either/or thing, but a question of how much impingement there is on the consumers' freedom to choose before you can confidently declare the market free or closed.

      For example, grocery stores are a free market almost everywhere - there are different companies competing for your food-buying money, no artificial barriers to entry, and the choices can be freely made or changed without any undue burden on the consumer.

      Out here (PDX Metro) we have chains like Kroger (viz. Fred Meyer) Albertson's, Safeway, Thriftway, Wal-Mart, Target, the organic/new-age stores like Whole Foods, New Seasons, Trader Joe's, the little independent operators (including ethnic stores like Uwijamaya (Beaverton), various Latino, Vietnamese, Filipino, Russian and Halal markets, etc), and finally the farmers' markets and vegetable stands. Sure, they have various regulations (see also FDA, USDA, ABC and other various state boards), but a typical middle-class family can pick and choose what and where they shop, can do so in almost a literal heartbeat, and these stores all know it.

      As a result, these stores go out of their way to entice you to spend money there, and none of them would dare try to overtly screw you over, lest word get out and the store's sales collapse. They also know full well that anybody can open a new store, wow the customers, and suck up all the money (which is why the local New Seasons store is giving Whole Foods and Trader Joe's a huge run for their money). The barriers to entry are relatively low - most of those barriers being related to food safety regulations.

      ---

      On the other extreme, you have the telecoms, which are pretty much a closed market. In a given area, you have a couple of choices, each with various restrictions or limitations. Minus dial-up, you're usually stuck with one or two at the most (Cable and/or DSL), with perhaps a third if you're lucky (FIOS). In rural areas, you;re stuck with maybe one if you're lucky (usually low-end DSL). They know full well that you have no real choice, and they happily collude on pricing, caps, and limitations. Comcast knows full well that Charter or Time-Warner aren't going to show up and provide competition for cable broadband. CenturyStink knows that they won't see another DSL provider rear its head and start providing competing DSL. And besides, where are you going to go? If you get mad at Comcast, your only other options are to ditch your 50mbps cable line for a 15-20 mbps DSL line in most cases, or if you can still get FIOS, you could go there, but either way, the 'competition' is not all that much different if they also decide to screw you over when it comes to how fast and how much data you give/get. Finally, the barriers to entry are relatively high - only someone the size of Google could intrude on their cozy little setup.

      --
      Quo usque tandem abutere, Nimbus, patientia nostra?
    19. Re:Everybody is wrong... by Anonymous Coward · · Score: 4, Insightful

      If Netflix wants to push terabits of data through a network, why shouldn't the network owner be able to charge Netflix for that?

      The first thing wrong, here, is your understanding of the issue. Netflix pays their provider already, and they push their data through their provider; that provider, then, pushes the data through the next provider, and so on, and so forth, until it reaches the intended user. In essence, it is not Netflix pushing the data through each provider, but rather each consecutive provider pushing the data to the next, and they all have peering agreements which should cover situations where there is an imbalance in traffic.

      It's more than even just that. Netflix was not pushing data through Comcast's network, Comcast's network was asking to receive the data; then Comcast turned around and claimed that Netflix would need to pay Comcast for the privilege of responding to the requests from Comcast.

    20. Re:Everybody is wrong... by Kremmy · · Score: 3, Insightful

      A cache option at the end-user would do absolutely nothing to solve the problem. It's the same situation: You're sending all that data to the end user.

      Bah!

    21. Re:Everybody is wrong... by thaylin · · Score: 2

      Except it is not the network providers fault, is their shared customers fault. Wihout the ISPs consumers the ISP would not be seeing that data over their network. It is like blaming walmart for everyone trying to cram on a 2 lane high way to reach their store.

      --
      When you cant win, ad hominem.
    22. Re:Everybody is wrong... by Chas · · Score: 4, Insightful

      First, what is wrong with a provider charging on both sides?

      Because Netflix isn't the one generating the request for traffic? The provider's OWN CUSTOMERS initiate the transaction and are ALREADY PAYING THE PROVIDER FOR FULFILLMENT while the providers are leaving their peering points to the public Internet under-provisioned DELIBERATELY to damage service to these content providers unless the content providers agree to be extorted.

      Because content providers like Netflix already pay for the bandwidth they use from their own provider(s).

      Because such fees are an anti-competitive tool from providers who are trying to lock their customers into their own, competing streaming video solutions.

      --


      Chas - The one, the only.
      THANK GOD!!!
    23. Re:Everybody is wrong... by real+gumby · · Score: 3, Funny

      If your electric company was also a distributor for Anheuser Busch would you object if they charged more for electricity and let the voltage wander when your refrigerator was full of Stone smoked porter instead of Michelob?

      Someone with a fridge full of Michelob is suffering enough already. I’d support legislation to cut ‘em a break.

    24. Re:Everybody is wrong... by danbert8 · · Score: 3, Interesting

      I know I'll get flamed for this... Motor fuels:

      1) They are all selling an identical product (made to meet standards, with any slight differences being indistinguishable in performance benefits in a laboratory.
      2) Their prices are advertised on huge signs so that people can easily price shop.
      3) Pipeline transportation is regulated as a utility so that companies can't give preferential treatment.
      4) There are still many companies involved in the refining, transportation, and marketing of fuels.

      Sure the government meddles, but at least for now is mostly meddles evenly across all companies, so the net effect of the loss is still even across the industry.

      --
      Yes it's an anecdote! Were you expecting original research in a Slashdot comment?
    25. Re:Everybody is wrong... by Altus · · Score: 4, Funny

      Maybe if you send the data on plastic disks through the mail....

      --

      "In America, first you get the sugar, then you get the power, then you get the women..." -H. Simpson

    26. Re:Everybody is wrong... by ultranova · · Score: 4, Insightful

      First, what is wrong with a provider charging on both sides? If Netflix wants to push terabits of data through a network, why shouldn't the network owner be able to charge Netflix for that?

      Because Netflix isn't pushing terabits of data. I'm pulling terabits of data, and I already paid my ISP for that.

      Bandwidth is finite. How do you define "artificially slow down delivery" in a world of finite bandwidth and complex and continually changing network topologies? So Hulu and Netflix have to have the same performance to every customer? No matter what the physical network layout is between server and user?

      "Artificially slow delivery" is a delivery that gets a lot faster as soon as the ISP gets paid its extortion money.

      Also, while bandwidth is finite, that's your problem, not mine. You sold me a connection with a certain bandwidth, so make sure your network can handle it. Make whatever peering agreements you need, ensure that high-bandwidth sites have big fat pipes on their routes, etc. It's what you're paid for.

      Oh, I'm sorry, I forgot I'm talking to American business shill. Of course your corporate masters would rather just collect checks and never invest a single cent back to the company. But that tactic is self-destructive; even telcos won't have a captive audience forever. So maybe you should, y'know, actually try and become competitive rather than sue anyone who tries to break your regional monopolies?

      --

      Forget magic. Any technology distinguishable from divine power is insufficiently advanced.

    27. Re:Everybody is wrong... by TemporalBeing · · Score: 2

      First, what is wrong with a provider charging on both sides?

      As others have said, there's peering agreements worked out to cover all of this - things worked out by the free market.

      Nonetheless, let's get to the heart of the issue - the ISPs are not provisioning the bandwidth that their customers are purchasing; so they want to charge the other side for doing so when its their own damn fault for not providing the kind of business their customers really want; and their customers generally have little choice because of all the other legal stuff those same ISPs have done - preventing munipalities from setting up their own providers, region locking cable service to one company by contracts with various regions, etc.

      So in effect, the free market does have a very good answer here - and one that would require the existing players to make substantial investments into their infrastructure now, and more than do now going forward to maintain it, simply because they've chosen to hoard the money instead of maintain the infrastructure.

      --
      Truth is like the sun. You can shut it out for a time, but it ain't goin' away. - Elvis Presley (source: imdb.com)
    28. Re:Everybody is wrong... by shadowrat · · Score: 2

      Except it is not the network providers fault, is their shared customers fault. Wihout the ISPs consumers the ISP would not be seeing that data over their network. It is like blaming walmart for everyone trying to cram on a 2 lane high way to reach their store.

      i'm pretty sure that people do, in fact, blame walmart for this.

    29. Re: Everybody is wrong... by kybur · · Score: 4, Informative

      A lot of people seem to be replying to this as if the parent were suggesting client side caching. More likely, the parent is talking about ISP level cache servers, which Netflix provides ISPs free of charge. This drastically reduces the amount of bandwidth being used between the ISP and the Internet. Netflix has actually done a great job with their cache servers, open source hardware design, based loosely on the Backblaze storage pod. Netflix also publishes the exact hardware they use to build them. Very cool move for a big corporation. https://www.netflix.com/openco...

    30. Re:Everybody is wrong... by operagost · · Score: 3, Insightful

      I'm sorry, but I only understand car analogies. Does this restaurant have a drive-thru window?

      --

      Gamingmuseum.com: Give your 3D accelerator a rest.
    31. Re:Everybody is wrong... by Rinikusu · · Score: 4, Insightful

      Not really. Even in the drug trade you find preferential treatment and local monopolies. I mean, what do you think crips vs bloods was all about? It was about distribution monopolies, forged not by agreement or fair competition, but by force. I know a girl who sold a lot of X back in the 90s. She was really good friends with several promoters and when they threw events, she would be the "official" dealer at the party. If you got caught dealing, they'd kick you out. In return, the promoters got a piece of the action and everyone made a lot of money. It did help that she had a good line to quality product.

      --
      If you were me, you'd be good lookin'. - six string samurai
    32. Re:Everybody is wrong... by Obfuscant · · Score: 2

      it is not Netflix pushing the data through each provider, but rather each consecutive provider pushing the data to the next, and they all have peering agreements which should cover situations where there is an imbalance in traffic.

      Except it is not an imbalance of traffic, it is an explosion of (mostly one way) traffic due to high-bandwidth streaming services. The peering agreements are there, but one service provider is having problems getting the data their customers are paying for to the destination because the peering agreements are limiting the traffic.

      How many providers carry that box? At least 2. How many do you pay? One. We're talking about the same concept, here.

      Ok, great analogy. You've never gotten a package "postage due", I guess. And the people you buy things from always pay just the base rate and don't pass any express charges on to you when the carriers want to charge more for expedited delivery. "What do you mean you want to charge extra for overnight, insured service?" (By the way, international postage is split between the carriers, so yes, if you want faster service in China, you're paying China for that faster service too and not just the driod at the USPS office.) And I'd love to see you discuss the problem with the post office workers when a package arrives COD/postage due and you try telling them "I pay for my post office box, I should get everything sent there without having to pay more!"

    33. Re:Everybody is wrong... by HiThere · · Score: 2

      IIUC, a cache option would also be illegal. That means letting a third party make a copy of copyrighted materials, and then distribute from that copy.

      --

      I think we've pushed this "anyone can grow up to be president" thing too far.
    34. Re:Everybody is wrong... by Rakarra · · Score: 2

      He absolutely got it right. "Net neutrality" commies would apparently argue that a restaurant should be forced to have all entrees at the same price, e.g. lobster $5, hamburger $5, corn dog $5. What are there, maybe a dozen or so of us left in Amerika that believe in free markets?

      When barriers of entry to the market, natural and artificial, are eliminated, then you can start talking about the free market.

      The Comcasts and Verizons and AT&Ts get monopoly/duopoly conditions because we can't let any ISP dig up the streets and route cables through backyards, and it would be prohibitively expensive, not to mention extremely wasteful to have two sets of cables in a yard/street, one unused because it can only be used for ISP X, even if the owner isn't a subscriber to ISP X. Those major players can get away with policies that no consumer wants because the consumer doesn't have a choice. That's not a free market.

      Individual ISPs should not own the cables, especially the last mile. That should be a city utility and treated as such. Then the ISP market can be the free market.

    35. Re:Everybody is wrong... by RatherBeAnonymous · · Score: 2

      Nah, it's worse than that. Wall-mart will let you shop wherever you want, but Target and Costco have to pay up if they want the exit ramps to stay open.

  2. Why not both? by Anonymous Coward · · Score: 4, Insightful

    Why can't we have both what McMillen is asking for, AND prevent fast lanes. That seems the *most* logical of all. They are not exclusive, they are two separate systemic problems.

    1. Re:Why not both? by BronsCon · · Score: 5, Informative

      There's nothing wrong with Netflix, Hulu, Google, or anyone else for that matter, going directly to an ISP and saying "Here's some equipment; if you install it, your users will be able to get our content, which is a big reason they pay you, faster." There is, likewise, nothing wrong with the ISP saying "Sure, let's get that equipment installed. It's gonna cost you $10,000.00/mo to use our facilities and backbone." And, there's nothing wrong with the two parties agreeing to, and implementing that. What's wrong is the ISP moving the intermediary providers (e.g. the backbones) between them and the provider wishing to install their equipment onto slower links until the provider agrees to pay the fee (at which point, the intermediary becomes irrelevant and probably remains on the degraded link), thereby degrading service for everybody. Especially when there is a peering agreement between the ISP and the intermediary provider and/or the intermediary is willing (and even asking or begging) to pay for the link they were on before.

      And if you think that's not exactly what happened, please, explain this.

      --
      APK quotes people (including myself) without context and should not be trusted. Just thought you should know.
    2. Re:Why not both? by Talderas · · Score: 4, Interesting

      The charging both sides isn't actually that insane. I know I risk being downmodded for this but it's really all a matter of how the Internet is structured. There's multiple ways to get from Point A to Point B and some paths are going to be congested more than others. I personally think that we should be paying for what we send and not what received and that's how I can agree with both sides paying for me to get Netflix.

      If I buy bandwidth from my ISP, I expect them to provide the outbound performance that I have paid for based on the SLA we agreed to. This means that if my SLA to Comcast is 50Mb then I should be able to send 20Mbps. Comcast should be engaging in deals to ensure they can send my traffic at 50Mb. I also expect them to not in any way shape or form throttle or shape traffic too me assume it's not exceeding my SLA (ignoring QoS reasons). Anything more than that should not be in the confines of my agreement with Comcast because anything else is outside of Comcast's direct control. Comcast doesn't dictate what providers send traffic to me so there's no way to tell if it will come from L3, Cogent, or some other provider. There's no way to tell if a content provider is going to be traffic balancing across multiple providers or shoveling all their traffic through just one provider. That makes guaranteed download speeds virtually impossible.

      The same thing should apply to Netflix. If they engage a provider for 50Gbps and the provider isn't capable of supporting 50Gbps then that provider should be engaging its peers in order to meet the SLA it signed with Netflix.

      --
      "Lack of speed can be overcome. In the worst case by patience." --Znork
  3. Strawman by jythie · · Score: 5, Insightful

    While there might be outliers, I generally do not hear the pro-NN crowd claiming that direct peering or colocation should be outlawed, only that traffic should not be shaped based off its origin. So if some data comes in through, say, Level 3, all that should matter is that the data is coming through that pipe, not where it originated from on someone else's network.

    1. Re:Strawman by Trepidity · · Score: 2, Informative

      Outright traffic shaping part of the debate, but not the entire debate. Some of the higher-profile NN disputes have been over peering agreements, e.g. Comcast's refusal to increase its peering with Level 3, who is Netflix's provider, because of Comcast's claims that the benefit of the peering agreement is asymmetric.

    2. Re:Strawman by jythie · · Score: 5, Insightful

      I have a hard time swallowing the 'asymmetric' argument. Comcast's customers are, after all, paying for access to that data, Comcast is supposed to simply be a path. If the cost of delivering that data is really that unfair on Comcast, then they need to charge their customers more and build out more infrastructure to support the increased load. That is what we pay them for.

    3. Re:Strawman by ArhcAngel · · Score: 2

      Outright traffic shaping part of the debate, but not the entire debate. Some of the higher-profile NN disputes have been over peering agreements, e.g. Comcast's refusal to increase its peering with Level 3, who is Netflix's provider, because of Comcast's claims that the benefit of the peering agreement is asymmetric.

      It is entirely asymmetrical but that is of Comcast's own doing. They sell more bandwidth than they can provide to their ISP customers. Of course in the contract agreement the term they use is "up to xMbps" so they can simply say "sorry we only guarantee xMbps to business class customers". This is by design. Comcast (or just about any US ISP today) depend on the consumer overpaying for what they use. The trouble only comes when they start actually using the bandwidth they thought they were paying for. Which isn't a problem if it is to Comcast's in network properties. But Comcast's peering connection to Level 3 has been saturated (over 90% capacity) 24/7 for over a year now and yet Comcast refuses to add more capacity. That's not just Netflix traffic. That is all traffic coming from Level 3.

      --
      "A person is smart. People are dumb, panicky dangerous animals and you know it." - K
    4. Re:Strawman by Jason+Levine · · Score: 5, Informative

      Comcast is supposed to simply be a path

      And this is one of the problems. Comcast is a path, but it is also a company with a video service that Netflix competes with. The more people use Netflix, the less they use Comcast's video service. So if Comcast can slow Netflix down until they pay Comcast money for "fast lane access", then Comcast doubly-wins: 1) Netflix might need to raise prices to cover the additional costs making Comcast's video services cheaper by comparison (or, at least, not as expensive) and 2) Even if people still use Netflix instead of Comcast's video services, Comcast will still profit off of their usage (twice: once for the customers paying Comcast for the Internet connection and once for Netflix paying Comcast not to slow them down).

      If ISPs were forced to remain separate from content services companies, this wouldn't happen.

      --
      My sci-fi novel, Ghost Thief, is now available from Amazon.com.
    5. Re:Strawman by Bengie · · Score: 4, Insightful

      I made the same mistake my first read through. They were not talking about asymmetric bandwidth, but asymmetric value. Comcast finds it more valuable to not provide the service their customers paid for than to spend money investing into their infrastructure to actually deliver what they advertise.

      This is a competition problem. It's hard to use the law to create competition, but it's easy to put restrictions on what a company can do.

      What we really need to do is just classify what Comcast et al are doing as fraud. They should have to deliver what they advertise and not have an escape from providing sub 1% service because "up to".

      If Ford advertised that their car got "up to" 40mpg on the highway, then you took their car out on a 65mph interstate with no traffic and got 0.5mpg, I'm sure Ford would be in a word of hurt.

    6. Re:Strawman by Charliemopps · · Score: 2, Interesting

      Outright traffic shaping part of the debate, but not the entire debate. Some of the higher-profile NN disputes have been over peering agreements, e.g. Comcast's refusal to increase its peering with Level 3, who is Netflix's provider, because of Comcast's claims that the benefit of the peering agreement is asymmetric.

      The problem is Netflix refuses to sign reciprocal peering agreements. Neflix signs up with Level3 and makes no guarantees that they wont switch overnight. And in fact, that's exactly what they do. The providers understand this, give Netflix discounts and then charge the ISPs an fortune. The price Netflix pays to Level3 for a 10gig trunk is heavily discounted because Level3 knows how high profile that traffic is. When Comcast comes to them for the same sized trunk so they can get that data uncongested, Level3 jacks the price way up. With other content providers like Google or whomever... the ISP would go to Google and say "The rates with level3 are too high, can we move to a provider with better rates?" and Google would work with you. Netflix refuses. They go with the cheapest, irrelevant of the impact on their users and then they make a stink in the media to make it appear like it's all the ISPs fault when they are equally to blame.

      So what's started to happen is providers like Level3 have turned the screws a bit too tight on the ISPs. The ISPs are balking now and just refusing to sign. So now the customers are hurting. It's basically a game to see who will blink first. Netflix or the ISPs. The best solution for this problem is either regulation on providers like netflix that forces them to play nice, or regulation that would force providers to charge the same price for the same trunk weather it's coming or going.

      I work in the industry and hear the people that negotiate these peering agreements constantly complain about Netflix. The impression I get is that they feel Netflix is outright hostile to ISPs. It's almost as if they're intentionally trying to hurt them.

    7. Re:Strawman by ArhcAngel · · Score: 4, Informative

      > Comcast's peering connection to Level 3 has been saturated (over 90% capacity) 24/7 for over a year now

      Got a source on that? Not that I doubt you, just looking to back up that claim.

      While he doesn't come right out and say the name of any specific ISP Mark Taylor VP of Content and Media at Level 3 points his finger at 5 major US ISP's that have been saturated for over a year and refuse to upgrade their connection. Take that revelation and combine it with this graph which shows 8 Major ISPs and the relative speed with which Netflix traverses them and the 5 companies he references become pretty clear. Granted the graph does originate from Netflix so grain of salt and all that but I'm inclined to believe the data.

      --
      "A person is smart. People are dumb, panicky dangerous animals and you know it." - K
    8. Re:Strawman by Shatrat · · Score: 2

      The problem is Netflix refuses to sign reciprocal peering agreements.

      What? I work in the industry too, our network has multiple dedicated 10GE peering ports with Netflix in every major IXP where we have a presence.
      Netflix is easy to work with on peering because it's very much in their interest not to use Level3, Cogent, or other transit providers at all.
      The point about Netflix using transit providers that are relatively more expensive to the ISP on the other end may be valid, but is any ISP with more than a few thousand customers should be peering directly with Netflix anyway.
      https://www.netflix.com/openco...

      --
      09 F9 11 02 9D 74 E3 5B D8 41 56 C5 63 56 88 C0
    9. Re:Strawman by BronsCon · · Score: 4, Interesting

      It's not even a matter of Comcast not investing in their infrastructure; they actively degraded their links to L3 when Netflix was refusing to pony up the dough. I'm pretty sure they had to pay people to do that, so it's more like they actively invested in degrading their network.

      --
      APK quotes people (including myself) without context and should not be trusted. Just thought you should know.
    10. Re:Strawman by NeutronCowboy · · Score: 4, Interesting

      That's technically not a Net Neutrality argument, which is why the argument existed in the first place. To some extent, Comcast was right: it wasn't funneling as much data to Level 3 as Level 3 was funneling to it. What Comcast left out was that this problem was 100% of its own making, and impossible for Level 3 address: Comcast only sells highly asymmetric pipes to highly asymmetric users. It is actually illegal for its users to try to create a situation where it will funnel as much data to Level 3 as Level 3 funnels to it. Which is why techies were incensed by the argument.

      That's the issue. All techies know the huge holes that have to exist in NN for the Internet to work. No one disagrees with any of those. The problem is that the principle of NN is all we have to concisely explain to people why Comcast is being an utter monopoly-rent-seeking shithead in this discussion, and how Comcast's attitude will break the Internet. Anything more requires delving into the depth of QoS, CDNs, dark fiber, roll-out subsidies, last-mile topologies, and barriers-to-entry in the website market to make a coherent argument. No one in the public sphere is going to listen to that.

      That's why NN keeps being brought up. It's the only sound bite that's remotely applicable, and unfortunately, sound bites is what wins political wars.

      --
      Those who can, do. Those who can't, sue.
    11. Re:Strawman by Shatrat · · Score: 2

      That's news to me. I don't see why Netflix would care where the residential customer is located. They can geolocate IP address regardless of the peering point to block international traffic as needed. I'm certainly transporting traffic a lot farther than across IL to get to peering points in Chicago, Atlanta or Dallas. If you check peeringdb.com, Netflix doesn't have a peering point closer to Southern IL that Chicago anyway. They don't look to be in St Louis or Davenport.

      There are two main answers to the second question.

      Cable ISPs are originally video providers, so they have a financial incentive to impair an online video service. FTTH services are also big into Triple Play so that's why Verizon and AT&T are being jerks. If you look at traditional DSL companies like Frontier, Windstream or Centurylink they are not rattling their sabers about how Netflix is 'using' their network. These companies only sell video by bundling Satellite with their service, and they only do that to compete with Cable on Triple Play. God knows they are having trouble in the copper last mile, but they're at least trying to do the right thing by their customers on the peering side.

      Also, online video is the largest source of bandwidth usage, and Netflix is the largest source of online video. Impairing that traffic, causing your customers to drop down from HD to SD resolutions, reduces your network load and lets you slow down upgrades elsewhere on the network. Choke at the peering point where network is cheap, save money in the regional transport where it is expensive. It doesn't even require special traffic shaping routers. You know everything on those peering links is video, just stop upgrading them.
      Hulu is a lobotomized alternative pushed by the television networks. They dont have enough money to squeeze or enough traffic to be a problem.
      Amazon and Google generate tons of business traffic as well through cloud services and of course the search engine so impairing those ASes would piss off the most valuable customers the ISP has.

      So that's why Netflix is singled out. Hulu and Vimeo and so forth are small potatoes, Amazon and Google are not to be #$%&ed with.

      --
      09 F9 11 02 9D 74 E3 5B D8 41 56 C5 63 56 88 C0
    12. Re:Strawman by Jason+Levine · · Score: 4, Interesting

      Apple's iPhone popularized browsing the Internet with your phone. Previously, this was harder to do. However, the wireless carriers were never content providers the way the cable ISPs are. Verizon Wireless and AT&T might have offered ringtones or music, but those were side ventures. For the cable ISPs, video is their main business. This Internet stuff is a secondary venture. Not secondary enough that they will ditch it, but secondary enough that they would rather cripple it than allow it to threaten their primary business.

      In addition, the wireless carriers always had competition. Verizon Wireless might have the best reception in my area, but I could still go with AT&T or Sprint and get decent service. However, if I want to leave Time Warner Cable, I have no other wired broadband options. This is the case for most Americans. The ISPs know this and react accordingly. (Prices go up while service quality goes down.)

      --
      My sci-fi novel, Ghost Thief, is now available from Amazon.com.
  4. He doesn't understand net nutrality. by gurps_npc · · Score: 5, Insightful
    The debate about net neutrality is not really about 'equal' speeds. That concept is a ridiculous over-simplification. People in NYC get faster internet access, particularly to things like stock trades that are hosted in NYC, than those in Nome, Alaska. Similarly, when the USA's Constitution says all people are created equal, we don't mean that they all have the same IQ, or are all entitled to the same retirement plan (Sad to say we don't even mean they are all entitled to the same healthcare).

    No. Net neutrality is about ISP's not violating their contracts with their customers.

    My ISP works for ME. I pay them to provide X amount of service. As such they are legally required to provide me with X amount of service, even if take full advantage of their service and use X amount of service every single second of the day. They can't promise me 10gb/second, and then only give me 10gb/second for ten minutes a day, switching to 5 gb/second after those ten minutes.

    They are perfectly allowed to give me MORE than 10gbs a second, if someone else - like say Google - offers to pay for it.

    But they can decide to not give me 10gbs because netflix refuses to bow down to extortion from them, even if I am using all 10gbs every second of every day of every month. Nothing netflix or other companies do gives them permission to break their contract with me.

    --
    excitingthingstodo.blogspot.com
    1. Re:He doesn't understand net nutrality. by ArhcAngel · · Score: 2

      And that, of course, misses the forest for the trees. Because I doubt that NN occurs on "Business class" connections any more than they occur on "Consumer class" connections. And even if they did, the very notion that only businesses should see the sort of neutrality that comes with an Internet Service Provider smacks in the face any concept of fairness which is a cornerstone of contracts. This notion that a contract has very vague terms allowing an ISP to do whatever it pleases by the letter of the contract is absurd precisely because it's a lopsided vagueness.

      You seem unfamiliar with the legal system in general as this type of conduct is practiced the world over since the dawn of lawyers. The very intent of the legalese these contracts espouse is deception. I in no way approve of this practice but to deny its efficacy is simply denial.

      To expound on my previous post. Last mile ISP's like Comcast use a business model to oversell a finite resource much like a time share condo in a resort town except the ISP customers don't have to book their internet access in advance. They protect themselves legally by placing conditional statements in their contracts with their customers absolving them of any LEGAL expectations the customer has. This has been very lucrative as 90% of their customers have consistently used less than 10% of their allotted bandwidth at any given time. This has been gradually changing as content streaming has become more mainstream and accessible to the less technically inclined. Up to this point NN isn't even part of the equation. Where it becomes paramount is when Comcast is knowingly causing the degradation of its customers internet experience by refusing to address issues on its own network caused by the increase in traffic through its peer partners AND instead extorting the companies that provide the content Comcast's customers are requesting.

      --
      "A person is smart. People are dumb, panicky dangerous animals and you know it." - K
  5. "Should" is the worst word in the English language by kruach+aum · · Score: 2

    Why does everything need a normative judgment attached to it? The interesting part of TFA is the information about the structure of the internet and how that has developed (or not) over the past ten years (as this was new to me, though it may not be to you), not the author's opinion about what he thinks are the right topics to debate and which ones are wrong.

  6. Libertarians fiddle while Internet is burning by sinij · · Score: 4, Insightful

    Libertarian market driven approaches of 'perfectly informed' customers having access to 'flexible supply' are only workable on paper. Sure, it would be nice if we could get there, but meanwhile our situation continuing to deteriorate. Time to abandon this quixotic quest.
     
    What we need is "mostly works for most people most of the time", and to get there we need policy with teeth that mandates Net Neutrality. Sure, it won't prevent all abuses, but we only need to prevent worst of them and let the rest play out in courts.

    1. Re:Libertarians fiddle while Internet is burning by OzPeter · · Score: 2

      Libertarian market driven approaches of 'perfectly informed' customers having access to 'flexible supply' are only workable on paper.

      I think that the obvious rebuttal of this Libertarian argument is GM and the ignition switch issue(*). When companies have all the power to disseminate information about their products there can never be an informed customer.

      * Or the Ford Pinto where the cost of law suits was balanced against the cost of fixing an issue.

      --
      I am Slashdot. Are you Slashdot as well?
  7. a fair price for a biased product... by smoothnorman · · Score: 5, Insightful

    ...is not a worthy goal. Robert McMillen is essentially saying "the market is historically uncompetitive" (and thus broken) "but that's not the point" (i always love it when people tell me that their point is the point) "you should be able to receive [only] that broken product at a fair price". If he actually believes and understands what he's saying then he's promoting a system of government supported monopolistic and anti-capitalistic cronyism. (i'll leave it to Godwin to apply a label to that system)

  8. Yeah, and electric cars are impossible to build by Ramirozz · · Score: 5, Interesting

    When someone with technical background says "It cannot be changed" it smells corruption. There are times when things cannot be changed because technical constrains (that should fade with time), time, money, etc. Everything can be changed if it is well designed and based on something real. But this is based on money and profit, it can change, and it should be chaged, as soon as possible. This is not a technical problem or limitation, this is stupidity at the service of profit.

    --
    http://www.quasarcr.com/
  9. Simple solution by future+assassin · · Score: 3, Interesting

    If you offer internet access you can't offer any vertically integratred services that will cause conflict of interest in the way you run the network.

    --
    by TheSpoom (715771) Uncaring Linux user here. I have nothing to add to this but please continue. *munches popcorn*
  10. The real issue is stopping bandwidth overselling by timrod · · Score: 4, Insightful

    What the author of the article gets wrong is the idea that there can ever be a "free and open" market for bandwidth. The holders of the most bandwidth are always going to be major corporations, because they can pay for the infrastructure necessary to keep them going. Sure, I'd love to have my own backbone connection and the server infrastructure to back it up, but in practice that will never happen unless I take out a bunch of loans and somehow manage to start my own ISP (and not be immediately sued out of existence by Big Telco or Big Cableco). It's a financial issue, not one of net neutrality.

    The real issue here is that the United States will never have bandwidth and speeds equivalent to those seen in parts of Europe and Asia unless we start regulating what the ISPs can sell and how they can sell it. Right now, an ISP can promise a connection that goes "up to" any arbitrary amount of bandwidth and get away with it even if they never deliver speeds anywhere close to the upper limit. This allows them to charge more and more for the same inadequate connection. If we start regulating their advertising and start forcing the ISPs to upgrade infrastructure to remain competitive, that's how we'll get the connection speed other countries do. That, in my mind, is part of what net neutrality is - being able to buy comparable connection speeds for a reasonable price no matter where in the world you are or which ISP you're dealing with.

  11. IANA Network Engineer, but... by Joel+Cahoon · · Score: 3, Insightful

    I fail to see how CDNs and direct peering agreements between ISPs and content providers are particularly relevant to the debate over Net Neutrality. As an analogy:

    Comcast owns all of the land and roads in a city (or region, or neighborhood). Google wants to deliver goods to customers in that city, but their warehouse is in another city. Google and Mom-n-Pop Content Provider, Inc. both use the same publicly funded highway to get their goods into the city, and the same Comcast-owned roads to deliver to customers throughout the city. Comcast can deliver goods faster because they have a warehouse in the city. So Google pays to build an air-delivery network (peering) and a warehouse in the city (CDN). I don't see the problem with any of this. The analog to net neutrality, then, becomes whether or not to allow Comcast to (abuse its monopoly ownership of the roads to) raise or lower the speed limit for individual delivery trucks, based upon whether or not they belong to Google, Comcast, or Mom-n-Pop.

    As I've said, IANANE, so feel free to point out any relevant inconsistencies in this analogy. On an 'unrelated' note, Amazon...

    1. Re:IANA Network Engineer, but... by Shatrat · · Score: 3, Interesting

      Netflix does have a CDN program. They will provide a caching appliance free of charge to ISPs which will immediately reduce the load on that ISPs network. The only reason not to participate is if the goal is not to provide service and reduce costs, but to artificially choke back Netflix to make the ISPs own video product more competitive. The Open Connect appliance is actually a pretty cool design.
      https://www.netflix.com/openco...

      --
      09 F9 11 02 9D 74 E3 5B D8 41 56 C5 63 56 88 C0
  12. Re:The real issue is stopping bandwidth oversellin by asylumx · · Score: 2

    I have to say that while I agree that the marketing is devious, in practice my bandwidth has always been at least as good as the "up to" amount the companies have promised. I don't defend these companies in general, but the "up to" speeds & marketing is going to be a hard one to argue against if it's not currently a problem.

    I think the lack of market competition is a much bigger problem than marketing techniques. Customers can't "vote with their dollars" because their only two realistic options are 1. internet or 2. no internet.

  13. Missing the whole point by gman003 · · Score: 2

    Net neutrality isn't about forbidding high-traffic companies from finding efficient ways to handle that traffic. Doing what Netflix usually does, having a local cache server hosted within the ISP, works because it reduces the amount of traffic leaving the ISP. As long as the ISP charges the same amount to everyone doing so (0 is a good amount - it's a benefit to them - but if they want to charge a nominal fee, fair enough), it's neutral.

    Net neutrality is about not letting ISPs slow down traffic unless they get paid twice.

    If the only difference between two sites is that one paid the danegeld and the other didn't, they aren't making one faster - they're making the other slower. Deliberately degrading the performance of everyone else is NOT neutral.

  14. Completely wrong by duke_cheetah2003 · · Score: 4, Interesting

    This guy is totally wrong, on so many levels. Yeah, ok, so the last 10 years we've been seeing providers buying preferential treatment from carriers. For most of us, the common Joe, we're not going to feel this, not in 10 years. It's just happening slowly, quietly. I imagine as it progresses further, smaller content providers will be seeing the preferential treatment of larger ones forcing slow downs on them. Given more time, smaller providers and startups will face crushing competition with the big guys who can afford to buy up all the bandwidth. Don't even get me started on content providers whom are also carriers.

    And saying just because it's been going on for 10 years that we can't go back? WHAAATT? Is this guy insane? So just because they've been building up contracts of preferential treatment we can't say, "Hey, you need to cut that out now." No sorry, common carrier status for all carriers and be done with this issue. I call shill.

  15. SciFi come to life by whistlingtony · · Score: 4, Insightful

    Everyone's arguing about this or that net neutrality opinion... They're missing the big point. The internet is a miracle, and we shouldn't fuck it up.

    I didn't have the internet when I grew up. When I wanted to know something, I had to go to the library and read for hours. When I wanted to communicate with someone, I had to write a letter and wait weeks. When I wanted to shop remotely, I had to get a catalog, fill out a form, send a check, and wait 4-6 weeks for delivery...

    The idea of instantaneous (or near enough) access to all the knowledge and culture of humanity was a science fiction pipe dream that would only come in a fantastic future. We don't have flying cars, but we DO have access to all the knowledge and culture of humanity. That's AMAZING. That's a miracle.

    We finally invented the future. It's here. We have an amazing tool. Now some assholes want to gate it off and double dip, to charge you more than they should, and to charge the giver of knowledge or culture more to be seen, even though we're both already paying for connection.

    This is outrageous. This is why we need net neutrality. Real net neutrality. The pipes should not be allowed to dictate WHO gets to play in the bright future.

  16. Net Neutrality is not about Peering by guruevi · · Score: 3, Insightful

    Net Neutrality is about preventing the providers from fiddling with your bandwidth simply because they want to extort money.

    QoS was never part of Net Neutrality. If a Google or an Amazon wants to pay 1Mbps for a line directly to my house, that is FINE with me. They pay for the QoS and peering agreements at that point. However that does not mean the provider can now give me 9Mbps instead of 10Mbps because the Googles of this world paid for 1Mbps direct lines. And that is what this is all about. Comcast/TWC wants to sell my 10Mbps that I have over and over again to the highest bidders so I have 1Mbps to the Google, 1Mbps to the Netflix, 1Mbps to the Amazon and 7Mbps for the rest of the world. I want my 10Mbps and decide who I want to get services from.

    I paid Comcast/TWC for the 10Mbps, I could reasonably assume that they give me 10Mbps to the "Internet". They pay for peering at an Internet Exchange. Google pays for peering at an IX, Netflix pays for peering at an IX. The IX makes sure that there is plenty of bandwidth at the IX to have the 10Mbps from Google to go to Netflix and TWC. The problem is now TWC wants to squeeze the Netflixes and the Googles simply because they are a large portion of the traffic they've been seeing and thus they're an easy target. TWC has been oversubscribed 1000:1 and even though data requirements have increased 10-fold, I am still at the same speed that I had 10-15 years ago. So now they need to actually get along with the rest of the world and they don't want to, they'd rather someone else pay for it (over and over again).

    In a free market, I would go to whoever gave me the fastest connection to the Netflix. However in the US at least there is no choice so I am at the mercy of my provider. And even though they are a monopoly, they also don't want to be classified as a utility since then they could be regulated and forced to play fair like my other utilities.

    --
    Custom electronics and digital signage for your business: www.evcircuits.com
  17. Re:Feels like a fallacy... by jedidiah · · Score: 3, Interesting

    It's funny you should mention package delivery because we already have a great example of this: the Netflix DVD-by-mail service.

    This has always been a very efficiently handled product since the relevant middle man has no conflict of interest.

    It's amazing how much less problematic that dinosaur of a product is. You have first sale protecting the right of Netflix to continue offering stuff and a parcel service that is a common carrier.

    Meanwhile, the streaming service is surrounded on all sides by evil jack*sses with some entrenched monopoly interest.

    --
    A Pirate and a Puritan look the same on a balance sheet.
  18. And yet... by macraig · · Score: 2

    ... McMillen gets it wrong, too.

    Net neutrality isn't achieved through regulation at all. It's achieved by public ownership of the physical infrastructure and demoting the ISPs and even backbone providers to contractor status serving the common good. What would happen if American roads and highways weren't for the most part publicly owned and instead were all toll roads privately owned by the construction companies that laid them? Who would benefit from that situation, do you suppose?