Editorial
by Brian Boyko
Editor, Network Performance Daily
Today (May 6, 2008) the House Telecommunications subcommittee is meeting to debate network neutrality legislation; the ramifications of which are likely to be far reaching and quite controversial no matter what the conclusions are.
Neither this blog’s editorial stance nor the position of NetQoS is to endorse or denounce any particular piece of network neutrality legislation. But that does not mean that there are not deeper issues that the debate over Net Neutrality is part of, nor does that mean that where aren’t some more fundamental truths that we cannot agree on.
Recently on this blog, we received some commentary from
Richard M. Stallman of the GNU foundation, one of the pioneers of “copyleft” and the main author of the GNU General Public License. Mr. Stallman is an active campaigner in the free software movement and it was clear that he was passionate about this issue and believed that “free software” isn’t just a business or economic issue but a moral one. (In fact, he makes the distinction that the “open source” movement disregards this moral issue and is one of the reasons he distinguishes between that term and the term “free software.”)
The only problem with this is that this isn’t a software development blog – we deal with networking. So I wrote an essay to him about what I felt were the moral issues behind the network neutrality debate – something I personally feel has a moral component.
I’m printing some of our conversation below. Now, this is not a debate in the classic sense – we agree on many things and disagree on others; and what I am trying to do is not so much to convince our readership of a position, but rather to convince our readership to think about this issue philosophically, and to join into our conversation – whether via the comments section here or elsewhere.
EDITOR BRIAN BOYKO: …Just as you believe that free software is a moral right, I happen to think that effective and efficient networks are a free speech issue. Throughout history, improvements in the quality of life – whether through technology or social activism – have been proportional to the abilities of people to communicate. Europe suffered 1000 years of the dark ages until Arabic scrolls allowed them to recapture the lost wisdom of the Greeks. Technological development booms with every innovation in communication; the telegraph, the telephone, the Internet.
Metcalfe’s law states that the value of a telecommunications network is proportional to the square of the number of users of the system; I believe that Metcalfe’s law can be applied to humanity as a whole – that the value of us as a species is proportional to the square of the number of us who are in communication with each other.
For these reasons I believe that open and effective communication is a fundamental human right. Now, as I believe communication is a human right, the only limit one should have on their ability to communicate should be when that communication harms someone else’s right to communicate.
RICHARD STALLMAN’S RESPONSE: It is hard for me to accept that, as stated, because it would imply that until the 1990s all governments were acting unjustly no matter what they did. That cannot be justice.
I think it that the term "human right" can only properly apply to matters of not hurting other people. Thus, it is abuse of language to speak of the "human right" to have food to eat. I think states have a duty to provide food to the hungry, and more generally, to operate a welfare system to help the poor and disadvantaged. Perhaps we have reached the point where wealthy states also have a duty to provide broadband to everyone. But that is a different kind of duty from that of respecting rights.
It is easy to imagine a situation in which there is insufficient supply of food for everyone to eat. But there cannot be an insufficient supply of freedom of speech to go around.
BRIAN BOYKO: But bandwidth is a limited resource. It is entirely possible for some types of traffic to overwhelm others, and this is not an exaggeration; at NetQoS we see this happening on corporate networks all the time.
Right now, Network Neutrality proponents believe in the idea of a “dumb” network. Yet, this does not reflect the realities of the situation; if UDP traffic (VoIP, Gaming, Streaming Live Media) is on the same pipe as TCP traffic without some sort of limitations on the traffic in place, the UDP traffic will eventually overwhelm the TCP traffic entirely, blocking it out.
The scenario that Net Neutrality opponents trot out of heavy users degrading the quality of communication for light users is entirely plausible. Overhyped, to be sure, but plausible.
On the other hand, this does not in any way make the anti-neutrality position in any way correct. Neutrality detractors often argue for solutions that are worse than the problem. Some want to block certain types of traffic – BitTorrent is seen as the perpetual scapegoat – others want to limit the amount of data that people can download, or charge them more for more data. But data is unlimited. Given enough time and enough reliability, I could download a GNU/Linux distribution over a 2800 baud modem. Data is not the issue; bandwidth – or the amount of data that anyone could download at any one time – is.
RICHARD STALLMAN: I think it is legitimate to give small transfers priority over big ones. I do not understand why UDP traffic would overwhelm TCP traffic, but I have no objection to giving TCP priority over UDP if that is useful -- because anybody could, feasibly, use either one to talk with you.
I also see nothing wrong with charging you as a client more for more bandwidth.
What I object to is that your ISP privileges some sites over others when you, as a client, access them -- either explicitly, or indirectly as a consequence of something else. If your ISP does that, it is not working honestly for you.
As mentioned above; this is not so much an endorsement of any position as a hope that we can start talking about these philosophical issues openly. (If you have any problem with the CAPTCHA, feel free to e-mail me directly at brian.boyko@netqos.com and I will be happy to publish your comments.)