Computer Science Professor, Former FCC Official Warns Against Net Neutrality

[David Farber <dave () farber net>]

Begin forwarded message:

From: "Savage, Christopher" <ChrisSavage () dwt com>
Date: September 27, 2009 8:37:34 PM EDT
To: <dave () farber net>
Subject: RE: [IP] [Dewayne-Net] Computer Science Professor, Former FCC  
Official Warns Against Net Neutrality

Dave,

For IP if you wish.

I have noted here and elsewhere that "Net Neutrality" cannot be
implemented as a "rule" (in the sense of a detailed set of forbidden and
required actions), but rather, if workable at all, can only be a
"principle" to be applied in specific cases.  Not that Internet
access/transmission providers are common carriers, but this of course
dovetails with the common-law obligations of carriers, now embodied in
Sections 201 and 202 of the Communications Act, to avoid "unreasonable"
practices and "unreasonable" discrimination.  Not all discrimination --
just "unreasonable" discrimination.

At a high level, the problem I am struggling with is that in order to
get packets from one "end" of the 'net to the other, they will quite
often, if not indeed typically, traverse a number of different networks
run by different entities.  This means that neither entity at either end
point will have a contractual relationship with, or even an opportunity
to bargain with, many (or even most) of the networks delivering the
packets.  This means that the entities with the most interest in
avoiding "unreasonable" discrimination will have no direct ability to
influence the behavior of the entities carrying the packets.  Obviously,
this attenuates the ability of market forces to discipline this
function.  Where you can't count on market forces, it's not crazy to at
least consider regulation of some form, is it?

Is it your view (or the view of any of your readers) that a even a
somewhat gentle bit of binding oversight -- "Sure, manage your networks
as you need to, but don't discriminate unreasonably" -- perhaps slightly
less ambiguous than "Don't Be Evil" <g> -- would constitute undue
regulatory and legal interference with the Internet?

Chris S.

-----Original Message-----
From: David Farber [mailto:dave () farber net]
Sent: Sunday, September 27, 2009 1:28 AM
To: ip
Subject: [IP] [Dewayne-Net] Computer Science Professor, Former FCC
Official Warns Against Net Neutrality



Begin forwarded message:

From: dewayne () warpspeed com (Dewayne Hendricks)
Date: September 26, 2009 2:38:07 PM EDT
To: Dewayne-Net Technology List <xyzzy () warpspeed com>
Subject: [Dewayne-Net] Computer Science Professor, Former FCC Official
Warns Against Net Neutrality

Computer Science Professor, Former FCC Official Warns Against Net
Neutrality
<http://voices.washingtonpost.com/posttech/2009/09/computer_science_prof
essor_for.html
>

There are too many lawyers talking about net neutrality and not enough
engineers; this was the message by a panel of computer science
experts, a law professor and an economist Friday morning. They mostly
warned against the potential constraints that net neutrality rules
would have on network engineering.

David Farber, a professor of computer science and policy at Carnegie
Mellon, said the FCC's proposal for new net neutrality rules could
hamper innovation on the Web. Farber, who runs a popular e-mail list
on technology issues and is a former chief technology officer for the
FCC, said that Internet networks have always prioritized certain
traffic and that new rules proposed by the Federal Communication
Commission to try to stop discrimination on cable, DSL and wireless
networks could constrain operators and tech companies from properly
managing their networks.

Farber, who spoke on a panel about net neutrality at the think tank
Information Technology & Innovation Foundation, called the discussions
around net neutrality "religious debates" that haven't taken into
consideration the technological challenges faced by engineers,
particularly those building the next generation of services for mobile
broadband. Farber co-penned a piece in 2007 that criticized net
neutrality.

[snip]
RSS Feed: <http://www.warpspeed.com/wordpress>




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