PeerFlow

Against SOPA and PIPA, for an open Internet

If you haven't heard of SOPA and PIPA, you will today, as reddit, Wikipedia, Google, Craigslist, Free Software Foundation, and many other websites protest those Internet censorship bills today. The so-called Stop Online Piracy Act (SOPA) is a House bill (H.R.3261) and the so-called PROTECT IP Act (PIPA) is a Senate bill (S.968) (most recently renamed Preventing Real Online Threats to Economic Creativity and Theft of Intellectual Property Act of 2011). Both have nothing to do with promoting creativity and everything to do with giving a few large copyright holders priority over the Internet, requiring censorship of links to entire domains. Have you heard of the Great Firewall of China? That's where the Chinese government censors entire domains such as facebook, youtube, and twitter because they contain some content that the Chinese government doesn't want distributed. SOPA and PIPA would do the same thing, except putting Hollywood in charge of what would be censored. In a perfect example of the DC lobbying revolving door, former Senator Chris Dodd, now Chairman of the Motion Picture Association of America, called the anti-SOPA blackout an "abuse of power". Funny how it's only an abuse of power when we fight back.

If you don't believe me, listen to Mythbuster Adam Savage.

Here's a technical explanation. And here's a letter of objection many of the engineers who built the Internet.

Here's where the anti-SOPA blackout started:

SOPA Could Destroy the Internet as We Know It —Adam Savage

Congress reconvenes in January and will take up the Internet censorship bills SOPA and PIPA again. The House only deferred SOPA because of widespread public outcry. Proponents of SOPA, funded by big corporate money, are probably just hoping opponents will be distracted by the holidays. Adam Savage reminds us why we need to be vigilant and keep flooding Congress with calls to vote down those bills or anything like them.

MythBuster Adam Savage wrote for Popular Mechanics 20 December 2011, SOPA Could Destroy the Internet as We Know It

Right now Congress is considering two bills—the Protect IP Act, and the Stop Online Piracy Act (SOPA)—that would be laughable if they weren't in fact real. Honestly, if a friend wrote these into a piece of fiction about government oversight gone amok, I'd have to tell them that they were too one-dimensional, too obviously anticonstitutional.

Make no mistake: These bills aren't simply unconstitutional, they are anticonstitutional. They would allow for the wholesale elimination of entire websites, domain names, and chunks of the DNS (the underlying structure of the whole Internet), based on nothing more than the "good faith" assertion by a single party that the website is infringing on a copyright of the complainant. The accused doesn't even have to be aware that the complaint has been made.

I'm not kidding.

He goes on to correctly compare SOPA and PIPA unfavorably to the already bad Digital Millennium Copyright Act (DMCA) of 1998. You remember, the DMCA that big copyright holders used to sue pre-teen video and audio "pirates" and to take down websites on suspicion. Savage cites a case where somebody with no copyright still got YouTube vidoes taken down under DMCA. Yes, SOPA and PIPA are even worse.

If you like YouTube, twitter, facebook, blogs, etc., it's time to speak up. Call your Senators and House members. Send them email. Write them paper letters. Petition them. Show up at their offices. Petition the White House to veto it if Congress passes it, and any other bills like it. Right now we still have the Internet to organize these things.

-jsq

Stop Internet censorship —Internet Engineers

Parker Higgins and Peter Eckersley wrote for EFF 15 December 2011, An Open Letter From Internet Engineers to the U.S. Congress

Today, a group of 83 prominent Internet inventors and engineers sent an open letter to members of the United States Congress, stating their opposition to the SOPA and PIPA Internet blacklist bills that are under consideration in the House and Senate respectively.

The signatories are people such as Vint Cerf you may have heard of even if you know nothing about the technical details of Internet, and many other people who helped produce the network you are using now. I know many of them, and they are right. If you want a free and open Internet, call or write your Senators and Congress members today, and tell them to vote against PIPA and SOPA.

The full text of the letter is appended below.

-jsq

We, the undersigned, have played various parts in building a network called the Internet. We wrote and debugged the software; we defined the standards and protocols that talk over that network. Many of us invented parts of it. We're just a little proud of the social and economic benefits that our project, the Internet, has brought with it.

Last year, many of us wrote to you and your colleagues to warn about the proposed "COICA" copyright and censorship legislation. Today, we are writing again to reiterate our concerns about the SOPA and PIPA derivatives of last year's bill, that are under consideration in the House and Senate. In many respects, these proposals are worse than the one we were alarmed to read last year.

If enacted, either of these bills will create an environment of tremendous fear and uncertainty for technological innovation, and seriously harm the credibility of the United States in its role as a steward of key Internet infrastructure. Regardless of recent amendments to SOPA, both bills will risk fragmenting the Internet's global domain name system (DNS) and have other capricious technical consequences. In exchange for this, such legislation would engender censorship that will simultaneously be circumvented by deliberate infringers while hampering innocent parties' right and ability to communicate and express themselves online.

All censorship schemes impact speech beyond the category they were intended to restrict, but these bills are particularly egregious in that regard because they cause entire domains to vanish from the Web, not just infringing pages or files. Worse, an incredible range of useful, law-abiding sites can be blacklisted under these proposals. In fact, it seems that this has already begun to happen under the nascent DHS/ICE seizures program.

Censorship of Internet infrastructure will inevitably cause network errors and security problems. This is true in China, Iran and other countries that censor the network today; it will be just as true of American censorship. It is also true regardless of whether censorship is implemented via the DNS, proxies, firewalls, or any other method. Types of network errors and insecurity that we wrestle with today will become more widespread, and will affect sites other than those blacklisted by the American government.

The current bills -- SOPA explicitly and PIPA implicitly -- also threaten engineers who build Internet systems or offer services that are not readily and automatically compliant with censorship actions by the U.S. government. When we designed the Internet the first time, our priorities were reliability, robustness and minimizing central points of failure or control. We are alarmed that Congress is so close to mandating censorship-compliance as a design requirement for new Internet innovations. This can only damage the security of the network, and give authoritarian governments more power over what their citizens can read and publish.

The US government has regularly claimed that it supports a free and open Internet, both domestically and abroad. We cannot have a free and open Internet unless its naming and routing systems sit above the political concerns and objectives of any one government or industry. To date, the leading role the US has played in this infrastructure has been fairly uncontroversial because America is seen as a trustworthy arbiter and a neutral bastion of free expression. If the US begins to use its central position in the network for censorship that advances its political and economic agenda, the consequences will be far-reaching and destructive.

Senators, Congressmen, we believe the Internet is too important and too valuable to be endangered in this way, and implore you to put these bills aside.

Signed,

• Vint Cerf, co-designer of TCP/IP, one of the "fathers of the Internet", signing as private citizen
• Paul Vixie, author of BIND, the most widely-used DNS server software, and President of the Internet Systems Consortium
• Tony Li, co-author of BGP (the protocol used to arrange Internet routing); chair of the IRTF's Routing Research Group; a Cisco Fellow; and architect for many of the systems that have actually been used to build the Internet
• Steven Bellovin, invented the DNS cache contamination attack; co-authored the first book on Internet security; recipient of the 2007 NIST/NSA National Computer Systems Security Award and member of the DHS Science and Technology Advisory Committee
• Jim Gettys, editor of the HTTP/1.1 protocol standards, which we use to do everything on the Web
• Dave Kristol, co-author, RFCs 2109, 2965 (Web cookies); contributor, RFC 2616 (HTTP/1.1)
• Steve Deering, Ph.D., invented the IP multicast feature of the Internet; lead designer of IPv6 (version 6 of the Internet Protocol)
• David Ulevitch, David Ulevitch, CEO of OpenDNS, which offers alternative DNS services for enhanced security.
• Elizabeth Feinler, director of the Network Information Center (NIC) at SRI International, administered the Internet Name Space from 1970 until 1989 and developed the naming conventions for the internet top level domains (TLDs) of .mil, .gov, .com, .org, etc. under contracts to DoD
• Robert W. Taylor, founded and funded the beginning of the ARPAnet; founded and managed the Xerox PARC Computer Science Lab which designed and built the first networked personal computer (Alto), the Ethernet, the first internet protocol and internet, and desktop publishing
• Fred Baker, former IETF chair, has written about 50 RFCs and contributed to about 150 more, regarding widely used Internet technology
• Dan Kaminsky, Chief Scientist, DKH
• Esther Dyson, EDventure; founding chairman, ICANN; former chairman, EFF; active investor in many start-ups that support commerce, news and advertising on the Internet; director, Sunlight Foundation
• Walt Daniels, IBM’s contributor to MIME, the mechanism used to add attachments to emails
• Nathaniel Borenstein, Chief Scientist, Mimecast; one of the two authors of the MIME protocol, and has worked on many other software systems and protocols, mostly related to e-mail and payments
• Simon Higgs, designed the role of the stealth DNS server that protects a.root-servers.net; worked on all versions of Draft Postel for creating new TLDs and addressed trademark issues with a complimentary Internet Draft; ran the shared-TLD mailing list back in 1995 which defined the domain name registry/registrar relationship; was a root server operator for the Open Root Server Consortium; founded coupons.com in 1994
• John Bartas, was the technical lead on the first commercial IP/TCP software for IBM PCs in 1985-1987 at The Wollongong Group. As part of that work, developed the first tunneling RFC, rfc-1088
• Nathan Eisenberg, Atlas Networks Senior System Administrator; manager of 25K sq. ft. of data centers which provide services to Starbucks, Oracle, and local state
• Dave Crocker, author of Internet standards including email, DKIM anti-abuse, electronic data interchange and facsimile, developer of CSNet and MCI national email services, former IETF Area Director for network management, DNS and standards, recipient of IEEE Internet Award for contributions to email, and serial entrepreneur
• Craig Partridge, architect of how email is routed through the Internet; designed the world's fastest router in the mid 1990s
• Doug Moeller, Chief Technology Officer at Autonet Mobile
• John Todd, Lead Designer/Maintainer - Freenum Project (DNS-based, free telephony/chat pointer system), http://freenum.org/
• Alia Atlas, designed software in a core router (Avici) and has various RFCs around resiliency, MPLS, and ICMP
• Kelly Kane, shared web hosting network operator
• Robert Rodgers, distinguished engineer, Juniper Networks
• Anthony Lauck, helped design and standardize routing protocols and local area network protocols and served on the Internet Architecture Board
• Ramaswamy Aditya, built various networks and web/mail content and application hosting providers including AS10368 (DNAI) which is now part of AS6079 (RCN); did network engineering and peering for that provider; did network engineering for AS25 (UC Berkeley); currently does network engineering for AS177-179 and others (UMich)
• Blake Pfankuch, Connecting Point of Greeley, Network Engineer
• Jon Loeliger, has implemented OSPF, one of the main routing protocols used to determine IP packet delivery; at other companies, has helped design and build the actual computers used to implement core routers or storage delivery systems; at another company, installed network services (T-1 lines and ISP service) into Hotels and Airports across the country
• Jim Deleskie, internetMCI Sr. Network Engineer, Teleglobe Principal Network Architect
• David Barrett, Founder and CEO, Expensify
• Mikki Barry, VP Engineering of InterCon Systems Corp., creators of the first commercial applications software for the Macintosh platform and the first commercial Internet Service Provider in Japan
• Peter Rubenstein,helped to design and build the AOL backbone network, ATDN.
• David Farber, distinguished Professor CMU; Principal in development of CSNET, NSFNET, NREN, GIGABIT TESTBED, and the first operational distributed computer system; EFF board member
• Bradford Chatterjee, Network Engineer, helped design and operate the backbone network for a nationwide ISP serving about 450,000 users
• Gary E. Miller Network Engineer specializing in eCommerce
• Jon Callas, worked on a number of Internet security standards including OpenPGP, ZRTP, DKIM, Signed Syslog, SPKI, and others; also participated in other standards for applications and network routing
• John Kemp, Principal Software Architect, Nokia; helped build the distributed authorization protocol OAuth and its predecessors; former member of the W3C Technical Architecture Group
• Christian Huitema, worked on building the Internet in France and Europe in the 80’s, and authored many Internet standards related to IPv6, RTP, and SIP; a former member of the Internet Architecture Board
• Steve Goldstein, Program Officer for International Networking Coordination at the National Science Foundation 1989-2003, initiated several projects that spread Internet and advanced Internet capabilities globally
• David Newman, 20 years' experience in performance testing of Internet
  infrastructure; author of three RFCs on measurement techniques (two on firewall performance, one on test traffic contents)
• Justin Krejci, helped build and run the two biggest and most successful municipal wifi networks located in Minneapolis, MN and Riverside, CA; building and running a new FTTH network in Minneapolis
• Christopher Liljenstolpe, was the chief architect for AS3561 (at the time about 30% of the Internet backbone by traffic), and AS1221 (Australia's main Internet infrastructure)
• Joe Hamelin, co-founder of Seattle Internet Exchange (http://www.seattleix.net) in 1997, and former peering engineer for Amazon in 2001
• John Adams, operations engineer at Twitter, signing as a private citizen
• David M. Miller, CTO / Exec VP for DNS Made Easy (IP Anycast Managed Enterprise DNS provider)
• Seth Breidbart, helped build the Pluribus IMP/TIP for the ARPANET
• Timothy McGinnis, co-chair of the African Network Information Center Policy Development Working Group, and active in various IETF Working Groups
• Richard Kulawiec, 30 years designing/operating academic/commercial/ISP systems and networks
• Larry Stewart, built the Etherphone at Xerox, the first telephone system working over a local area network; designed early e-commerce systems for the Internet at Open Market
• John Pettitt, Internet commerce pioneer, online since 1983, CEO Free Range Content Inc.; founder/CTO CyberSource & Beyond.com; created online fraud protection software that processes over 2 billion transaction a year
• Brandon Ross, Chief Network Architect and CEO of Network Utility Force LLC
• Chris Boyd, runs a green hosting company and supports EFF-Austin as a board member
• Dr. Richard Clayton, designer of Turnpike, widely used Windows-based Internet access suite; prominent Computer Security researcher at Cambridge University
• Robert Bonomi, designed, built, and implemented, the Internet presence for a number of large corporations
• Owen DeLong, member of the ARIN Advisory Council who has spent more than a decade developing better IP addressing policies for the internet in North America and around the world
• Baudouin Schombe, blog design and content trainer
• Lyndon Nerenberg, Creator of IMAP Binary extension (RFC 3516)
• John Gilmore, co-designed BOOTP (RFC 951), which became DHCP, the way you get an IP address when you plug into an Ethernet or get on a WiFi access point; current EFF board member
• John Bond, Systems Engineer at RIPE NCC maintaining AS25152 (k.root-servers.net.) and AS197000 (f.in-addr-servers.arpa. ,f.ip6-servers.arpa.); signing as a private citizen
• Stephen Farrell, co-author on about 15 RFCs
• Samuel Moats, senior systems engineer for the Department of Defense; helps build and defend the networks that deliver data to Defense Department users
• John Vittal, created the first full email client and the email standards still in use today
• Ryan Rawdon, built out and maintains the network infrastructure for a rapidly growing company in our country's bustling advertising industry; was on the technical operations team for one of our country's largest residential ISPs
• Brian Haberman, has been involved in the design of IPv6, IGMP/MLD, and NTP within the IETF for nearly 15 years
• Eric Tykwinski, Network Engineer working for a small ISP based in the Philadelphia region; currently maintains the network as well as the DNS and server infrastructure
• Noel Chiappa, has been working on the lowest level stuff (the IP protocol level) since 1977; name on the 'Birth of the Internet' plaque at Stanford); actively helping to develop new 'plumbing' at that level
• Robert M. Hinden, worked on the gateways in the early Internet, author of many of the core IPv6 specifications, active in the IETF since the first IETF meeting, author of 37 RFCs, and current Internet Society Board of Trustee member
• Alexander McKenzie, former member of the Network Working Group and participated in the design of the first ARPAnet Host protocols; was the manager of the ARPAnet Network Operation Center that kept the network running in the early 1970s; was a charter member of the International Network Working Group that developed the ideas used in TCP and IP
• Keith Moore, was on the Internet Engineering Steering Group from 1996-2000, as one of two Area Directors for applications; wrote or co-wrote technical specification RFCs associated with email, WWW, and IPv6 transition
• Guy Almes, led the connection of universities in Texas to the NSFnet during the late 1980s; served as Chief Engineer of Internet2 in the late 1990s
• David Mercer, formerly of The River Internet, provided service to more of Arizona than any local or national ISP
• Paul Timmins, designed and runs the multi-state network of a medium sized telephone and internet company in the Midwest
• Stephen L. Casner, led the working group that designed the Real-time Transport Protocol that carries the voice signals in VoIP systems
• Tim Rutherford, DNS and network administrator at C4
• Mike Alexander, helped implement (on the Michigan Terminal System at the University of Michigan) one of the first EMail systems to be connected to the Internet (and to its predecessors such as Bitnet, Mailnet, and UUCP); helped with the basic work to connect MTS to the Internet; implemented various IP related drivers on early Macintosh systems: one allowed TCP/IP connections over ISDN lines and another made a TCP connection look like a serial port
• John Klensin, Ph.D., early and ongoing role in the design of Internet applications and coordination and administrative policies
• L. Jean Camp, former Senior Member of the Technical Staff at Sandia National Laboratories, focusing on computer security; eight years at Harvard's Kennedy School; tenured Professor at Indiana Unviersity's School of Informatics with research addressing security in society.
• Louis Pouzin, designed and implemented the first computer network using datagrams (CYCLADES), from which TCP/IP was derived
• Carl Page, helped found eGroups, the biggest social network
  of its day, 14 million users at the point of sale to Yahoo for around $430,000,000, at which point it became Yahoo Groups
• Phil Lapsley, co-author of the Internet Network News Transfer Protocol (NNTP), RFC 977, and developer of the NNTP reference implementation
• Jack Haverty (MSEE, BSEE MIT 1970), Principal Investigator for several DARPA projects including the first Internet development and operation; Corporate Network Architect for BBN; Founding member of the IAB/ICCB; Internet Architect and Corporate Founding Member of W3C for Oracle Corporation
• Glenn Ricart, Managed the original (FIX) Internet interconnection point

NPRM Diagram 2: scope of rules

Here's the diagram from the NPRM that the FCC folks mentioned frequently at the NANOG panel (The Regulators Meet the Operators, at NANOG 48, Austin, Texas, 22 Feb 2010) regarding scope of net neutrality rule making:

It does seem to clarify some of the points made by the panelists.

Liveblogging from NANOG Net Neutrality Panel

The subtitle is The Regulators Meet the Operators, at NANOG 48, Austin, Texas, 22 Feb 2010. The ground rules of the panel are that it's not about politics or policy. It assumes there will be net neutrality, and it's about getting actual network engineers and architects involved in implementing it. Prior reading: pages 41-51 of the Notice of Proposed Rulemaking (NPRM). I'd actually recommend starting at page 37, which is where the NPRM discusses codifying the existing four Internet principles (see below).

A huge number of comments have been received already, by Jan 15 deadline. More comments are solicited. See also openinternet.gov.

The general idea is to take six proposed principles and turn them into rules that are enforceable and not unreasonable:

Proposed Rules: 6 Principles

• Access to Content
• Access to Applications and Services
• Connect Devices to the Internet
• Access to Competition
• Nondiscrimination
• Transparency

The first four principles have been around for several years. The last two, nondiscrimination and transparency, are the same as the ones Scott Bradner's petition recommended back in June 2009. Back then I mentioned as I always do that the FCC could also stop talking about consumers and talk about participants. Interestingly, their slide at this talk did not use the word "consumer", so maybe they've gotten to that point, too.

The FCC is also making a distinction between broadband and Internet. There are existing rules regarding "managed" vs. "specialized services" for broadband Internet access, but for net neutrality in general, maybe different rules are needed.

Lessig's Herculean Holiday Present: Reboot the FCC

Here's a good test for the new U.S. Executive: to recognize that steady pragmatism means radical change, starting with the FCC:

The solution here is not tinkering. You can't fix DNA. You have to bury it. President Obama should get Congress to shut down the FCC and similar vestigial regulators, which put stability and special interests above the public good. In their place, Congress should create something we could call the Innovation Environment Protection Agency (iEPA), charged with a simple founding mission: "minimal intervention to maximize innovation." The iEPA's core purpose would be to protect innovation from its two historical enemies—excessive government favors, and excessive private monopoly power.

—Reboot the FCC, We'll stifle the Skypes and YouTubes of the future if we don't demolish the regulators that oversee our digital pipelines. By Lawrence Lessig, Newsweek Web Exclusive, 23 Dec 2008

Lessig gets the connection with his old topic of intellectual property and copyright. Those are monopolies granted by the federal government, and they have been abused by the monopoly holders just like the holders of communication monopolies:

Payola for the Duopoly

ISP meddling with net neutrality could unite indy musicians and record labels against the duopoly:

For the music business, the failure of net neutrality presents several big problems. Musicians are at the vanguard of digital distribution of music files, video files, and other space-gobbling content. Traffic throttling will almost certainly result in placing severe limitations on the amount and kind of content musicians can put out there — and it’s pretty likely that musicians will then be forced into partnering with businesses that have fewer limits and greater access, no doubt for a fee, to get their gear online. Another issue is that, as covered recently in this column, we are seeing a whole new universe of music-related business models, and we need to see some predictability in terms of licensing methods and how artists and copyright owners get paid. One of the most compelling proposals is that P2P music sharing should be rendered commercially viable and copyright-legal by the imposition of a blanket license that would be paid at the gate (i,e., through the ISPs). Institutionalized throttling would take this plan out at the knees.

Another problem is that record labels, distributors and retail chains who are already in desperate jeopardy can’t compete with ISPs and cellular providers who, having launched their own music stores, have all the incentive in the world to steer music consumers to their own services rather than open the pipe for folks to shop elsewhere.

— Net Neutrality, By Allison Outhit, Need to Know, June 2008

This observation comes from Canada, where current attempts by some to pass legislation similar to the U.S. Digital Millenium Copyright Act (DMCA) has suddenly gotten noticed as a path to something music lovers have seen before:

McKie is referring to proposed changes modelled on the American Digital Millennium Copyright Act (DMCA), which call for a much heavier-handed approach to interpreting what kind of content uses are protected by copyright. At the same time a Canadian DMCA would accord “safe harbour” status to service providers to shelter them from a potential onslaught of copyright litigation provided they act quickly to block infringing and illegal actions on their networks. A Canadian DMCA could impact net neutrality by putting police power in the hands of the networks, while providing ISPs with strong incentives to prefer privately-negotiated content distribution deals over the chaos of user-generated traffic. The bottom line is that musicians have come to rely on the net as their number one go-to distribution and marketing tool. The net got that way by being neutral to all comers. Whether you were a platinum seller on Universal, or a couple of unknown basement-dwellers, your video had an equal chance of going viral. Without net neutrality, all the good pipe will get eaten up by whoever has the power to make the deal. Which sounds a lot like the payola days all over again.

Yep, that's what we'll get if we don't have net neutrality: payola for the duopoly.

-jsq

NFL v. Comcast: Expect this on the Internet

This is what we can expect to see on the Internet if the duopoly is left to its own devices:

NFL Network is filing a complaint with the Federal Communications Commission against cable TV giant Comcast in the latest legal wrangling between the two.

The network announced Thursday it had served Comcast with the required 10-day notice of its intent to file a complaint. NFL Network is accusing the nation's largest cable operator of discriminatory and anticompetitive treatment in violation of the Cable Act of 1992.

The two sides have been feuding over Comcast's decision to place NFL Network on a premium sports tier that customers must pay extra to receive. NFL Network sued Comcast in October 2006 over the move.

— NFL Network filing complaint with FCC against Comcast AP, 17 April 2008

The NFL Channel and the Amazon Channel. Whatever the duopoly thinks it can milk for extra revenue by putting it on a premium channel, that's what they'll do.

Defenders of the duopoly may claim they're doing it to protect copyright, but note that in this case the content provider doesn't even want it.

-jsq

ISPs Escalate Ignoring FCC

Fox started the trend of ignoring the FCC when it does something they don't like. Now the duopoly has gotten up to the same trick:

Comcast, AT&T, Time Warner Cable, and cable research company CableLabs were all invited to participate several weeks ago, but declined, Martin said. The commission again reached out to Comcast after the announcement this week that it would develop a P2P bill of rights with Pando Networks, but they again sent their regrets, he said.

— ISPs Give FCC Cold Shoulder at Internet Hearing, by Chloe Albanesius, PCMag.com, 04.17.08

You may recall at the previous hearing, at Harvard, FCC chair Kevin Martin couldn't hear the difference between participant and consumer, while Comcast hired shills off the street to take up seats so people with things to say couldn't. Now the duopoly is painting the FCC as unduly critical of themselves, and the press is going along with that, including the hometown Silicon Valley newspaper, the San Jose Mercury News, which should know better:

Internet Freedom Policy Act

Rep. Ed Markey (D-MA) and Rep. Chip Pickering (R-MS) have introduced the Internet Freedom Preservation Act of 2008, which will amend Title I of the Communications Act of 1934 to say Internet freedom, commerce, innovation, participation, and speech are the policy of the United States. It's interesting what this bill does not say. It doesn't specify any regulations, so that those who oppose net neutrality don't have a leg to stand on when they say net neutrality is all about regulation. It doesn't say "net neutrality": it says "freedom", "marketplace", "innovation", and other positive benefits. (I think I'll take a cue from Commissioner Copps and start referring to Internet freedom.) It doesn't say "consumers" except a few times, including once where that word is immediately qualified by

(i) access, use, send, receive, or offer lawful content, applications, or services over broadband networks, including the Internet;

Let's see, if "consumers" can send their own content, applications, and service, they're not really consumers in the traditional sense, now are they?

This is all very nice, in that Markey and Pickering apparently get it about what Internet freedom is about. However, why does this bill have no teeth, unlike Markey's bill of last year or the Snowe-Durgan bill before that?

RIAA Against Filtering?

Well, no. But at least the RIAA is against mandatory filtering by ISPs:

The RIAA does not support this approach in the US, opting instead to back the tradeoffs of the DMCA. That law allows ISPs a "safe harbor" for the content passing through their networks so long as they respond to takedown notices and legal requests in a timely fashion.

— RIAA chief: We don't see a need for mandatory ISP filtering, By Nate Anderson, ars technica, Published: January 30, 2008 - 11:00PM CT

This puts RIAA on the same side as Verizon, leaving AT&T out there alone. Well, except for much of the U.S. government.

-jsq

Verizon Does Something Right: No Hollywood Policing

Verizon talks sense:

We see substantial increases in the volume of traffic. Generally we see that as a good thing. We have more customers paying for more services we provide.

—Tom Tauke, executive vice president for public affairs, Verizon, quoted in Verizon Rejects Hollywood’s Call to Aid Piracy Fight, By Saul Hansell, Bits, New York Times, February 5, 2008, 3:56 pm

He's specifically responding to requests from Hollywood to police copyright. Tauke lists at least three good reasons not to:

1. Slippery slope. What else? Pornography? Gambling?
2. Liability. Especially for a deep-pockets company like Verizon.
3. Privacy:

   Anything we do has to balance the need of copyright protection with the desire of customers for privacy.

A telco concerned with its customers' privacy? I'd call that a good thing!

There is, nonetheless, a downside.

Shades of NSFNet: EDUCAUSE Proposes 100Mbps Nationwide Broadband

Shades of NSF:

EDUCAUSE, the association whose mission is to advance higher education by promoting the intelligent use of information technology, today proposed bringing the federal government, state governments, and the private sector together as part of a new approach to making high-speed Internet services available across the country.

The group, whose membership includes information technology officials from more than 2,200 colleges, universities, and other educational organizations, said that a new "universal broadband fund" would be necessary so that "Big Broadband" — services of 100 mbps — could be made widely available.

— EDUCAUSE Proposes New Approach to Broadband Development, Wendy Wigen, Peter B. Deblois, EDUCAUSE, 29 Jan 2008

Back in the 1980s, in the time of standalone dialup Bulletin Board Systems (BBSes), the National Science Foundation (NSF) deployed a nationwide backbone network called NSFNet that eventually ran at the blazing fast for the times speed of 1.55Mbps. NSF also promoted development of NSFNet regional networks, many of which eventually figured in the commercialization of Internet that took off in 1991 when former dialup network UUNET started selling Internet connectivity and former personnel of an NSFNet regional formed PSINet and also started selling Internet connectivity.

Nowadays, when the fastest most people can get as so-called broadband is 1-3Mbps DSL from telcos or maybe 3-5Mbps from cablecos, maybe it's time to do it again. Is this a plan that would work?

AT&T Filtering: Has Tim Wu Not Been Paying Attention?

Katharine Graham by Diana Walker

Tim Wu asks in Slate: Has AT&T Lost Its Mind? It seems he's discovered that:

Chances are that as you read this article, it is passing over part of AT&T's network. That matters, because last week AT&T announced that it is seriously considering plans to examine all the traffic it carries for potential violations of U.S. intellectual property laws. The prospect of AT&T, already accused of spying on our telephone calls, now scanning every e-mail and download for outlawed content is way too totalitarian for my tastes. But the bizarre twist is that the proposal is such a bad idea that it would be not just a disservice to the public but probably a disaster for AT&T itself. If I were a shareholder, I'd want to know one thing: Has AT&T, after 122 years in business, simply lost its mind?

No one knows exactly what AT&T is proposing to build. But if the company means what it says, we're looking at the beginnings of a private police state. That may sound like hyperbole, but what else do you call a system designed to monitor millions of people's Internet consumption? That's not just Orwellian; that's Orwell.

— Has AT&T Lost Its Mind?A baffling proposal to filter the Internet. By Tim Wu, Slate, Posted Wednesday, Jan. 16, 2008, at 10:15 AM ET

Come now; what did you think they were up to?

Pirates of the Duopoly: AT&T Plans Anti-Piracy Content-Recognition

Yo ho:

Remember YouTube's content filtering system? AT&T is mulling setting one up across its whole network. BusinessWeek's reporting AT&T's in talks with NBC Universal and Disney to possibly use content-recognition tech developed by Vobile—a company they've all invested in—to block pirated material from being sent to and fro along its network.

— [email protected] Net Neuterality: AT&T Considering Scary, Content-Recognizing Anti-Piracy Filter for Entire Network, Gizmodo, by Matt Buchanan, 8 Nov 2007

Perhaps Disney, NBC, and AT&T have forgotten that Disney has made pirates very popular.

Meanwhile, it's one thing for YouTube to do content filtering. It's quite another for AT&T, as one of the duopoly of Internet access in most of the U.S., to do the same. You know, the same AT&T that censored Pearl Jam and other bands for expressing political views.

I wonder how big a backlash there will be when AT&T's customers discover more false positives than fingerprints?

-jsq

SCO, Unix, and Net Neutrality

What does this have to do with net neutrality?

The Lindon-based SCO Group Inc. says it is planning to lay off 16 of its 123 employees and has asked a federal bankruptcy court to keep their identities secret because it fears they could be harassed.

SCO also is facing an effort to push ahead with a trial in federal court in Utah that could determine that SCO owes Novell as much as $35 million in licensing fees because of a ruling in a dispute over ownership of the Unix software program.

SCO filed for bankruptcy on Sept. 14, the result of a long court battle with Novell and IBM over ownership and use of the Unix computer operating system program. SCO claimed it, and not Novell, owned the copyright to Unix and that IBM had used parts of that code in developing the Linux operating system, whose code is open to the public and can be used or altered by individuals or companies for their own uses.

— Stricken SCO to lay off 16 workers, Lindon-based firm asks court to keep ex-employees ID secret, By Tom Harvey, The Salt Lake Tribune Article Last Updated: 10/15/2007 11:45:43 PM MDT

Unix was actually invented by a couple of researchers at AT&T Bell Labs, in an attic, in their spare time. AT&T never knew what to do with Unix, and eventually shuffled it off to Western Electric, whence it finally percolated over to SCO (I've probably omitted a few owners in between).

Meanwhile, Microsoft made billions out of an operating system (and clever legal ploys such as boot loader contracts). And Unix and its offshoots such as Linux underly everything from Apple's OS-X to mobile phones to Google.

This seems to me the archetypical example of why we shouldn't expect telephone companies to innovate, no matter how much of a monopoly they have. If we want innovation, we want net neutrality and competition.

-jsq

Why Amazon Won't Get Its Own Channel: Amazon MP3 Without DRM

Amazon has started a DRM-free music store:

Every song and album on Amazon MP3 is available exclusively in the MP3 format without digital rights management (DRM) software. This means that Amazon MP3 customers are free to enjoy their music downloads using any hardware device, including PCs, Macs™, iPods™, Zunes™, Zens™, iPhones™, RAZRs™, and BlackBerrys™; organize their music using any music management application such as iTunes™ or Windows Media Player™; and burn songs to CDs.

— Amazon.com Launches Public Beta of Amazon MP3, a Digital Music Store Offering Customers Earth’s Biggest Selection of a la Carte DRM-Free MP3 Music Downloads, Amazon.com, BusinessWire, 25 Sep 2007

Interesting how they didn't mention Linux or Unix or any other free software platform.

Still, this is probably enough to keep Amazon from getting its own channel on the telco and cableco-planned closed Internet.

PS: Seen on BoingBoing.

Content Protect v. Internet Freedom

Here's another view of what the telcos and cablecos have in mind for us, or, rather, what they want in our minds: approved content. This is substantially different from the Internet freedom we have today to look at whatever we want to and to publish our own content.

Remember:

AT&T Inc. has joined Hollywood studios and recording companies in trying to keep pirated films, music and other content off its network — the first major carrier of Internet traffic to do so.

Get ready for the Amazon Channel or settle for Internet Base Service.

Pearl Jam Censored by AT&T?

Photo: AP Photo/Magnus Johansson-MaanIm

Political censorship?

After concluding our Sunday night show at Lollapalooza, fans informed us that portions of that performance were missing and may have been censored by AT&T during the "Blue Room" Live Lollapalooza Webcast.

When asked about the missing performance, AT&T informed Lollapalooza that portions of the show were in fact missing from the webcast, and that their content monitor had made a mistake in cutting them.

— LOLLAPALOOZA WEBCAST: SPONSORED/CENSORED BY AT&T? News, PearlJam.com, 7 August 2007

So, "a mistake".

Uhuh.

But it gets better.

Crack Google?

Cringely gets anxious over Google's floor bid for 700Mhz. After pointing out that Verizon and AT&T coming around to Kevin Martin's leaked counterproposal of watered down "open access" rules, he says:

Look who Google is up against -- all the largest Internet service providers in the U.S. Google will not win this even if they win the auction, because the telcos and cable companies are far more skilled and cunning when it comes to lobbying and controlling politicians than Google can ever hope to be. The telcos have spent more than a century at this game and Google hasn't even been in it for a decade. And Google's pockets are no deeper than those of the other potential bidders.

— Is Google on Crack?: Eric Schmidt bets the ranch on wireless spectrum, Robert X. Cringely, Pulpit, 27 July 2007

Cringely is missing the point about who Google is up against. These outfits have not been the largest ISPs for more than a century. They've been telephone companies for more than a century. And being around for a long time isn't necessarily a sure win. Look at the Vatican; it's been around for two thousand years, and it's managed to lose most of its traditional heartland of Europe. Sure, Google is fragile, in some senses even more fragile than Microsoft, as Cringely points out. But even Microsoft is losing market share from IE to an open source browser, Firefox. Google, as a proponent of open source that actually understands it, has a fair chance here. The incumbent duopoly telcos aren't really in the Internet business; Google is.

Maybe Cringely's right that Google alone couldn't win the auction. But Google and Sprint possibly could. Sure, Sprint is a phone company, too. But that doesn't mean it's going to side with the rest if it scents profit. Maybe with a little help from Apple.

Let's hope that's what Google is really up to, rather than expecting to get Martin to change the rules and then wait for AT&T to deliver another striped bass.

I also don't think Cringely is taking into account the stakes here.

Education Entertainment

EDUCAUSE is up in arms about a proposed amendment to the Higher Education Reauthorization Act that the Senate is supposed to be considering today. It basically makes the Secretary of Education an arm of the MPAA and requires institutions of higher education to police file sharing. I think this is the most interesting part of the amendment, where it's saying it will:

(1) the 25 institutions of higher education participating in programs under this title, which have received during the previous calendar year the highest number of written notices fromm copyright owners, or persons authorized to act on behalf of copyright holders, alleging infringement of copyright by users of the institution's information technology systems, where such notices identify with specificity the works alleged to the infringed, or a representative list of works alleged to be infringed, the date and time of the alleged infringing conduct together with information sufficient to identify the infringing user, and information sufficient to contact the copyright owner or its authorized representative; and

— Text of Amendments, SA 2314, Congressional Record -- Senate, 17 July 2007

So universities are supposed to keep lists of allegations against their students (or staff or faculty) and those lists can be used to determine their funding. Allegations, mind you, not convictions. This is once again the entertainment industry tail wagging the dog, in this case higher education. Hm, I suppose that's a bad analogy, since the entertainment industry seems to only understand the big head, not the long tail....

And as if to demonstrate Republicans have no monopoly on horribly bad ideas, this amendment is proposed by the Senate Majority Leader, Democrat Harry Reid. Is the Internet really that hard to understand?

-jsq

Russian Music Contracts

Fergie notes that a Russian court ruled for contract over copyright:

After the IFPI [International Federation of the Phonographic Industry] pressured credit card companies not to process payments to AllOfMP3.com, the company sued in a Russian court, claiming that its credit card processing contract had been broken illegally. Now, despite the fact that AllOfMP3 is no more, the company behind the service has apparently won a judgment against Visa's Russian agent.

According to CNews, a Russian technology site, the backers of AllOfMP3 have just won their case against Rosbank, the Russian company that does much of Visa's processing in that country. The court ruled that Visa can only break its contracts with merchants are when they are found guilty of breaking the law; breaking those contracts after talking to business groups like the IFPI was ruled illegal.

The ruling means that Visa may be forced to start processing payments to sites like AllTunes.com and MP3sparks, the AllOfMP3 replacement site, and Visa apparently does not plan to appeal.

— Russian court rules that Visa must process payments for Allofmp3.com, By Nate Anderson, ars technica, Published: July 16, 2007 - 01:59PM CT

Will this last?

FTC: What, Me Worry?

The U.S. Federal Trade Commission (FTC) says there's no need for net neutrality:

FTC Chairwoman Deborah Platt Majoras said that without evidence of "market failure or demonstrated consumer harm, policy makers should be particularly hesitant to enact new regulation in this area."

So in a "market" where the average customer has at most two choices, we're supposed to wait for a market failure?

Dead Air

Today is the Day of Silence for Internet Radio:

If you’re accustomed to listening to streaming Internet radio or streaming music services such as Pandora, you may be surprised to discover that when you tune into your favorite streams today you’re greeted with silence. Many Internet broadcasters—including Yahoo!, Rhapsody, Live365 stations, MTV Online, AccuRadio, and KCRW (a popular public radio station in Santa Monica, CA)—have gone silent today in a Day of Silence protest over a change in the way they’ll be charged for their services. This change, which will levy fees based on the number of listeners tuned into a particular song rather than on a percent of the broadcaster’s revenue (as was the model in the past), will likely put most Internet broadcasters out of business.

— Day of Silence, By Christopher Breen, Playlist, 26 June 2007

It's sad that the music industry as we previously knew it is dying, but nuking Internet distribution of music isn't going to solve that problem, which the record industry largely brought on itself.

Framing Net Neutrality

Here's an interesting exercise in framing net neutrality:

On the one side are traditional media - phone and cable companies, the carriers - in rare agreement. They do not want to be regulated, and they want to preserve the profitability potential that protects their network upgrades. They are therefore joined by some hardware tech firms. On the other side is what might be called the internet-industrial complex - consisting of idealistic net community folks, small start-ups, large Silicon Valley corporations pretending to be both - and Hollywood, in another strange bed fellowship.

The US Congress is in the middle; by the latest count six bills are pending, and while none is likely to be passed for now, the process itself has been a boon.

— A third way for net neutrality, By Eli Noam, Financial Times, 29 August 2006

Note "internet-industrial complex", in analogy to Eisenhower's phrase, "military-industrial complex". Yet the cablecos and telcos are said to be "in rare agreement" when actually they have long been acting on the same side on this issue; after all, it's in both their (short-term) interests to keep the number of players down. With no competition, there's no real market, and thus no real competition (which long-term means they won't be competitive with their international competitors, which are already offering speeds ten times faster for similar prices).

AT&T Attacks Content

Copyright is not just for Internet radio anymore:

AT&T Inc. has joined Hollywood studios and recording companies in trying to keep pirated films, music and other content off its network — the first major carrier of Internet traffic to do so.

...

As AT&T has begun selling pay-television services, the company has realized that its interests are more closely aligned with Hollywood, Cicconi said in an interview Tuesday. The company's top leaders recently decided to help Hollywood protect the digital copyrights to that content.

"We do recognize that a lot of our future business depends on exciting and interesting content," he said.

— AT&T to target pirated content, It joins Hollywood in trying to keep bootleg material off its network. By James S. Granelli, L.A. Times, June 13, 2007

Now it's for Internet video. Which is what "James W. Cicconi, an AT&T senior vice president," meant by "exciting and interesting content." Nevermind participatory customer-generated content, or that customers might not want AT&T monitoring their content.

Postal Radio?

What's the point of a free press if it can't be delivered?

To the surprise of many independent publishers, in February the Postal Regulatory Commission (PRC), the body in charge of determining postal rates, rejected a rate-hike plan that was submitted by the U.S. Postal Service, the people in the business of delivering the mail for the past 215 years. This plan was widely understood to call for an approximate 12 percent increase that would have hit all publications more or less equally.

Instead the PRC adopted a revised version of an extremely complicated proposal submitted by media conglomerate Time Warner that included a number of possible discounts favoring the largest publishers.

— Postal Rates = Free Press, Rate hike pushed by media conglomerate Time Warner threaten small and medium-circulation publications, By Robert W. McChesney, In These Times May 17, 2007

Why Time Warner?

Has YOUR Free Speech Been Infringed?

As the law firm for an English soccer league puts it in a letter about their lawsuit against google:

"HAS YOUR COPYRIGHT BEEN INFRINGED BY YOUTUBE?"

— YouTube class action lawsuit: Has YOUR copyright been infringed?, by Donna Bogatin, Digital Markets, zdnet blogs, May 5th, 2007

Well, I write books, so I should be concerned about copyright.

What else do they say?

The Defendants (Google, YouTube) have willfully violated the intellectual property rights that were created and made valuable by the investment – sometimes the life-long investment – of creativity, time, talent, energy, and resources of content producers other than the Defendants. The complaint asserts several legal claims against the Defendants, including direct copyright infringement, contributory copyright infringement, and vicarious copyright infringement.

Well, who could argue with that?

The Other Regulatorium

I may have mentioned that the telcos and cablecos seem to like to game legal and regulatory systems in their favor. There's another group of companies doing the same thing:

If there was ever an example of why the DMCA needs to die, this is it. The idea that a sixteen-digit number is illegal to possess, to discuss in class, or to post on a news site is offensive to a country where free speech is the first order of the Constitution. The MPAA and RIAA are conspiring to unmake America, to turn this into a country where free expression, due process, and the rule of law take a back-seat to a perpetual set of governmental handouts intended to guarantee the long-term profitability of a small handful of corrupt companies.

—EFF explains the law on AACS keys, Cory Doctorow, boingboing, Wednesday, May 2, 2007

Why would the activities of the Motion Picture Association of America and the Recording Industry Association of America be worth such a polemic by Cory, who after all lives partly by copyright in his hat as a science fiction writer?

RIAA, Radio Star

As we've seen, RIAA has been pushing for Internet Radio DRM, limitations to the Fair Use Act, and apparently elimination of Internet radio. This may seem counter-productive. Doesn't the Recording Industry Association of America want to promote its recording artists? And isn't radio a traditional way of doing that? And doesn't Internet radio provide even wider reach of marketing for RIAA's artists' products?

Well, not really:

The answer is sales. The RIAA isn't pushing for every artist, it's pushing a few select products. One star selling a million records is worth a lot more than one hundred stars selling ten thousand records each, even if the end numbers seem to tally up the same.

— Can you hear me now? by Brett Thomas, bit-tech.net, Published: 21st April 2007

In other words, apparently RIAA is pushing the fat head and doesn't care about the long tail; much less about participation.