"Net Neutrality: Towards a Co-Regulatory Solution"

[Dave Farber <dave () farber net>]

Begin forwarded message:

> From: Chris Marsden <cmars () essex ac uk>
> Date: January 31, 2010 4:12:17 PM EST
> To: "dave () farber net" <dave () farber net>
> Cc: Brett Glass <brett () lariat net>, ip <ip () v2 listbox com>
> Subject: Re: [IP] "Net Neutrality: Towards a Co-Regulatory Solution"

> Dear Dave
>
> I have received this email presumably via a list in the States. I  
> had never heard of Brett Glass until this afternoon; judging by his  
> reply he is also unfamiliar with my work.
>
> The book is available as a Creative Commons download, is 300 pages  
> with a 30 page bibliography and 25 pages of notes, and I would urge  
> those interested to view it: http://bit.ly/buQqi7
>
> It has received very favourable initial response from Dr Herbert  
> Ungerer (European Commission), Dr Ian Brown (Oxford) and Professor  
> Rob Freiden (Penn State), names familiar to those of you familiar  
> with the international debate. It was launched at an event at McGill  
> University in Montreal.
>
> A robust debate is presumably better than being ignored, though I  
> would prefer a somewhat more temperate tone for an academic book  
> that is not engaged with any local dispute in North America.
>
> There may be some confusion as to what is meant in Europe by co- 
> regulation, perhaps I can recommend: http://papers.ssrn.com/sol3/papers.cfm?abstract_id=1366723
>
> The book warns readers that this is a complex issue capable of much  
> misinterpretation by those lobbying for one side or another, hence  
> the book takes a middle way. I expected that to cause some  
> excitement in those who prefer their policy to be black or white,  
> but as with so many communications policy areas, there is much grey  
> and should be much room for reasonable people to find middle ground.  
> For instance, information transparency for consumers, via a process  
> of co-regulation, is the approach adopted in Europe, including by  
> such agencies as Ofcom in the UK. I recommend their approach: http://www.ofcom.org.uk/telecoms/ioi/copbb/copbb/
>
> There is much that we can teach each other over the Atlantic if we  
> are respectful and listen to each other. I welcome constructive  
> criticism, if that can be managed!
>
> Sincerely
> Chris Marsden
>
> Brett Glass wrote:
> > > http://bit.ly/dsNzX4
> >
> > Dave:
> >
> > This book is a travesty. Like so many screeds advocating Internet  
> > regulation, it begins by falsely claiming that broadband service is  
> > a monopoly or duopoly -- a assertion which is even now being  
> > debunked by surveys of broadband deployment. It follows by casting  
> > false aspersions upon ISPs, claiming that we are evil and will  
> > obviously engage in malicious blocking and filtering and have an  
> > overwhelming interest in doing so. This is especially insulting to  
> > small, independent, and rural ISPs and WISPs like myself, who  
> > sometimes do not make a profit and certainly do not make large  
> > ones. We do what we do because it is a mission and a calling, and  
> > yet are both condemned and attacked in works such as this -- which  
> > call for regulations which would prevent us from continuing in  
> > business and would leave our customers with fewer choices or take  
> > them off the Net altogether. At the same time, this work  
> > conspicuously turns a blind eye to the much more potent  
> > "gatekeeper" roles of monopolists such as Google.
> >
> > The book then goes on to label everyone who does not favor onerous  
> > regulation -- which in fact would bring on the very ills the author  
> > claims it would solve -- as a  "refusenik!"
> >
> > Looking at the references, footnotes, and source materials, it's  
> > easy to see that this book is yet another product of the "network  
> > neutrality policy echo chamber" which is funded and fueled by  
> > corporate interests (notably, but not exclusively, Google) in an  
> > attempt to institute regulation which would help those interests  
> > while harming the public. We must look past this corporate lobbying  
> > and see the truth. See my filings and remarks at the FCC at
> >
> > http://www.brettglass.com/nprmcomments.pdf
> >
> > and
> >
> > http://www.brettglass.com/FCC/remarks.html
> >
> > and my recent talk at Harvard at
> >
> > http://cyber.law.harvard.edu/events/luncheon/2009/12/glass
> >
> > as well as my many writings elsewhere on this subject. These are  
> > the products not of a lobbying echo chamber but of actual "boots on  
> > the ground" experience in the deployment of broadband and the  
> > operation of an ISP.
> >
> > --Brett Glass



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