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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.)
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Comments
The idea of net neutrality goes back to the telephone company, IIRC, and even before that. The idea is that the phone company should be neutral to the kinds of information carried on it's network. It was a two-way deal in that it helped the phone companies while providing equal access to a telephone network commons for people and businesses using the network. The phone company could not arbitrarily block certain conversations from happening; and in turn the phone company was not legally responsible for what you talked about. If you planned the next bank robbery of the century over the telephone, Ma Bell could not be taken to court as an accessory to the crime. Likewise, Ma Bell could not play favorites with it's customers, saying this person can have a connection to X but that person cannot. Nor could they single out X and say no-one could connect to X or that X could not connect to anyone.
It was recognized that Ma Bell and the Telephone Network was a commons infrastructure. AT&T was granted a legal monopoly and in trade was barred from competing in other businesses. This way, AT&T could not open up a radio station in some market, and block or otherwise disrupt the telephone lines to the competing radio stations in the market, leveraging it's monopoly on the phone system abusively in it's business practices.
The rationale seems to have come from the handling of ports and lodging. Ports were a limited commons resource necessary for certain types of commerce, so to keep the playing field fair for all businesses (and individuals), ports were open to all commerce. Likewise, if you were running an inn you could had to play fair with travelers.
Another thing worth mentioning that came out of AT&T's restriction on entering other businesses was the birth of Unix. It was developed at Bell but given to the universities, such as Berkley, for operating systems research. Thus the heritage that brings us BSD and other non="Unix (TM)" unix-like systems.
The problem we have now is that many of these carriers are an effective monopoly in their locality. In most cities, the discrepancy in service available between DSL and the speed of cable internet is so dramatic that if you want a high-speed connection there is NO competition in the marketplace. They have the only infrastructure there that can handle it, so the cable companies have virtual monopolies. Just like they had for cable service (you could always get sattelite or an antenna). Not a complete monopoly but for all practical purposes it was and is.
The difference is that the cable companies are also in other businesses. For example, they want to sell you "digital voice", as Comcast calls their VoIP solution. So there is incentive for them to degrade or block VoIP connections to, say, Vonage. Likewise, they are in the content delivery business. So they see sites like YouTube, for example, and it's higher-quality descendants as a threat. Even file sharing is a threat to their pay-per-view and premium movie offerings. The obvious temptation is to abuse their advantage, as any monopoly does. They should be barred from competing in other businesses if they are going to hold the keys to an infrastructure commons, just as AT&T was, if you ask me. Otherwise the infrastucture should become public with equal access to all. I am not a socialist in that I want everything run by the government. Most things don't need to be and are better off without it. But there are exceptions. If the infrastructure is going to be by nature a centralized one, then I would rather it be controlled by a body in which I have some hope of influence through my vote rather than a private company which does not care about my interests and has no incentive to. If there were real competition, I could vote with my dollars. But this is a take-it or leave-it scenario and I just can't win unless I leave it, and suffer far, far inferior options.
As an information commons, there is an element of the rights to free speech. The internet is our bully pulpit now. It is our town square, where you could listen to the opinions of your neighbors and discuss issues of the day. And the internet has done a wonderful job tearing down, just a little, the unbalanced media poligopoly of the big 5 media giants like Viacom. It is the bazzar, where any little-guy can set up shop and do some business. And it is a far more accessible press for reaching large audiences. The folks who were at the top of the media and business real-estate pyramids (remember, location location location is all the same if everyone lives on internet street) are also eager to win back their monopolies. And the larger businesses are interested in using their advantage to compete against one another and stomp out the smaller players. It is bad for commerce and for freedom of speech. Or more like the intent behind freedom of the press... If you could print it, you could distribute it. You couldn't go to jail because you printed something that some business with lobbyists or government boogeyman didn't like, as was the risk under previous regimes.
Either way you look at it, this is an important social and economic fairness issues. So it is a moral issue centering on fairness.
What is even worse is that the ISPs, greedy (expletive held back) that they are, have not only been paid handsomely by you and me, but also given billions in tax breaks (translation - money) and concessions allowing them to run their monopolies for-profit on the promise that they would build us a better and more complete network. All they did was pocket that money. Now, we are running "high speed" internet that would be laughed at in many other countries such as Japan or Norway. Go check out what their average connection bandwidth is. And also look at their dramatic gains in service coverage. We pioneered this stuff!! We should be ashamed of the paltry service we have in this country! I for one am very angry with our internet overlords.
Adding insult to injury, the ISPs want to blame their customers for using too much bandwidth. Never mind that the customer purchaced the service with the understanding that they got a higher data rate so that they could use it. But the ISP does not want you to use what you PAID for, because that screws up their plan to totally rape everyone. The ISP hopes that only a fraction of the sold services will actually be used, so that they don't have to build out the back-end bandwidth needed to support their customers. For a while that plan worked. But now people are using what they pay for, and the ISP has only pocket their money and not re-invested in their networks. So they blame us, even though we paid for it. Once with our service fees, and once with our tax dollars. If the were not a de-facto monopoly, the market would take care of this problem. We could go to a competitor that offered better service and force the ISP to meet it's obligations or lose it's customer base. But they have a lock on the customer base. And it (bleep)ing (bleep)s!!!
Coindidentally, my brother had a conversation with a Direct TV salesman not too long ago. And it came down to this: He does not watch TV or care about it. He only gets basic cable, the cheapest (and he CAN'T refuse that part) so that he can get cable internet. He told the man he absolutely hates Comcast with a passion. But DSL is far from sufficient for him. So he feels stuck. He asked the guy, what do they do for Internet service? The answer? Partner with AT&T DSL. So he says to me, "What am I supposed to do?"
"Just deal with it, I guess."
I wish I had a better answer for him.
Tim LePes
Posted by: Tim LePes | May 10, 2008 08:06 PM