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:

Why SOPA and PIPA are bad

SOPA and PIPA are not dead, as Mikki Barry reminds us. She points at an excellent writeup on why we should care.

Tom Evslin wrote on Fractals of Change at some unknown data, SOPA and PIPA are Bipartisan Bad Policy, Really Bad Policy

In China you can't get to some Internet sites: no Facebook, no YouTube, no Twitter. Search engines can't find the "Falun Gong" or "Tiananmen Square massacre". We would never do that kind of blocking here in the US, you say. Well, not so fast. If either House bill SOPA (Stop Online Piracy Act) or Senate bill PIPA (Protect IP Act) or something in between passes both houses of Congress and is signed by the President, Internet censorship, unreachable websites, and forbidden searches will be the law of this land.

The Arab Spring has been enabled by the inability of some governments to block Internet communication. SOPA and SIPA both require that Internet blocking tools be developed and deployed here. Maybe we trust our own government not to misuse these (I don't!); but do we really want to be responsible for the proliferation of censorship and blocked communication?

Why, you ask, would our Congresspeople want to impose censorship anywhere? Why would they want to slow down the most vigorous parts of the US economy?

The answer, at least, is simple. These are bills that Hollywood wants to protect its movies from online piracy, and Hollywood makes mega-campaign contributions and even gives Congresspeople bit parts in its movies. There is nothing partisan about campaign contributions.

Why? The DC lobbying revolving door banana republic, of course, made even worse by the SCOTUS Citizens United decision.

As for the Arab Spring, the powers that be here don't want that here. Remember who propped up Mubarak all those decades.

When even Patrick Leahy pushes PIPA, something is seriously wrong with the U.S. government. SOPA or PIPA or something watered down that their pushers can claim isn't as bad will pass unless the people stand up and stop it.

-jsq

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

a worldwide social network that has fomented revolution in multiple countries

Who would have thought that twitter and facebook could foment a revolution? Yet Wael Ghonim says it did. He's one of the people behind the "We are all Khaled Said" facebook page, and he spent a dozen days in jail for it: Here's his TED Talk:

"Because of the Internet, the truth prevailed.
And everyone knew the truth.
And everyone started to think that this guy can be my brother."

Here's a post from that facebook page on 3 March 2011:

"I really want you ALL to understand that your support to Free Egypt & Egyptians is vital. Don’t you ever think that sitting on FaceBook supporting & commenting help help Egypt. A whole revolution started on Facebook & is now bringing Freedom & starting a new modern Egypt."

Other Egyptian organizers say similar things:

"Online organising is very important because activists have been able to discuss and take decisions without having to organise a meeting which could be broken up by the police," he said.'

( "Internet role in Egypt's protests," by Anne Alexander, BBC, 9 February 2011.)

Many of the Egyptians involved were poor and not usually thought of as Internet users, but David D. Kirkpatrick expalined that in the NY Times 9 Feb 2011, Wired and Shrewd, Young Egyptians Guide Revolt:

The day of the protest, the group tried a feint to throw off the police. The organizers let it be known that they intended to gather at a mosque in an upscale neighborhood in central Cairo, and the police gathered there in force. But the ...organizers set out instead for a poor neighborhood nearby, Mr. Elaimy recalled.

Starting in a poor neighborhood was itself an experiment. “We always start from the elite, with the same faces,” Mr. Lotfi said. “So this time we thought, let’s try.” '

The NY Times story goes into detail about how the online organizing interfaced with and instigated the initial meatspace protests.

And you don't need a laptop or a desktop computer to use social media. As Reese Jones points out,

in 2010 75% of the population of Egypt had cell phones (60 million phones in service likely with SMS) possible to message via Facebook via SMS at http://m.facebook.com/.

And this was all after similar efforts in Tunisia had successfully exiled their tyrant and inspired the Egyptians, who in turn inspired the Lybians, etc. And what inspired the Tunisians to start was Wikileaks posts of U.S. cables showing the U.S. thought the Tunisian dictator was just as clueless and corrupt as the Tunisians thought.

So yes, social networking on the Internet has fomented multiple revolutions.

-jsq

Woz to FCC: Save the Internet

Wozniak to the FCC on net neutrality:

Imagine that when we started Apple we set things up so that we could charge purchasers of our computers by the number of bits they use. The personal computer revolution would have been delayed a decade or more. If I had to pay for each bit I used on my 6502 microprocessor, I would not have been able to build my own computers anyway.

He also details examples of how difficult it was to start a new service the way the telephone system used to be, how radio used to all be freely receivable, and how cable TV is mis-regulated. He summarizes his case:

I frequently speak to different types of audiences all over the country. When I'm asked my feeling on Net Neutrality I tell the open truth. When I was first asked to "sign on" with some good people interested in Net Neutrality my initial thought was that the economic system works better with tiered pricing for various customers. On the other hand, I'm a founder of the EFF and I care a lot about individuals and their own importance. Finally, the thought hit me that every time and in every way that the telecommunications careers have had power or control, we the people wind up getting screwed. Every audience that I speak this statement and phrase to bursts into applause.

Then he asks for all that not to happen to the Internet:

We have very few government agencies that the populace views as looking out for them, the people. The FCC is one of these agencies that is still wearing a white hat. Not only is current action on Net Neutrality one of the most important times ever for the FCC, it's probably the most momentous and watched action of any government agency in memorable times in terms of setting our perception of whether the government represents the wealthy powers or the average citizen, of whether the government is good or is bad. This decision is important far beyond the domain of the FCC itself.

Ain't that the truth.

-jsq

Duopoly Cons Congress Members

73 Democratic members of Congress signed a letter drafted by telco and cableco lobbyists against net neutrality. Save the Internet has sufficiently fisked it. My favorite point is that when AT&T was required as a condition of acquiring Bellsouth in 2006 to abide by net neutrality, it increased its infrastructure investments. As soon as that two year requirement was up, so were the investments. (And they didn't even honor all the requirements, such as a low-end $10/month service.)

The simple fact is that net neutrality was the condition under which the Internet grew to be what it is today, which is the last bastion of free speech and a free press in much of the world, especially in the United States. The only reason net neutrality is an issue is that the duopoly (telcos and cablecos) succeeded in their regulatory capture of the FCC during Kevin Martin's term as chairman and did away with much it. The U.S. used to have among the fastest Internet speeds in the world. Since the duopoly got their way, the U.S. has fallen far behind dozens of other countries in connection speeds, availability, and update. While the U.S. NTIA claimed at least one user per ZIP code counted as real service.

We can let the telcos and cablecos continue to turn the Internet into cable TV, as they have said they want to do. Under the conditions they want, we never would have had the world wide web, google, YouTube, flickr, facebook, etc.

And left to their plan, the duopoly will continue cherry-picking densely-populated areas and leaving rural areas, such as south Georgia, where I live, to sink or swim. Most of the white area in the Georgia map never had anybody even try a speed test. Most of the rest of south Georgia had really slow access. Which maybe wouldn't be a problem if we had competitive newspapers (we don't) or competing TV stations (we don't). Or if we didn't need to publish public information like health care details online, as Sanford Bishop (D GA-02) says he plans to do. How many people in his district can even get to it? How many won't because their link is too slow? How many could but won't because it costs too much?

John Barrow (D GA-12) has a fancy flashy home page that most people in his district probably can't get to. Yet he signed the letter against net neutrality.

I prefer an open Internet. How about you?

Why did the 73 Democrats sign the letter? Could it have to do with the duopoly making massive campaign contributions to the same Democrats and holding fancy parties for them?

The same lobbyists are after Republican members of Congress next.

Call your member of Congress and insist on giving the FCC power to enforce net neutrality rules.

-jsq

Japan Still Far Ahead of US in Internet Connection Speeds

While the U.S. still hopes to get up to 10Mbps Internet connection speeds by 2012, Japan already has such speeds for cable Internet service almost everywhere. And yes, I mean Internet connections, not just broadband.

But in Japan cable Internet service is of declining popularity, because 30 or 40 Mbps for $50 or $60 per month is not really fast there.

DSL in Japan goes up to 50 Mbps for also around $50-$60/month.

But for actual fast, cheap, Internet connections, people in Japan buy Fiber to the Home (FTTH), which actually costs less and delivers from 100Mbps to 1Gbps.

Meanwhile, back in the U.S.A., EDUCAUSE has proposed 100Mbps national broadband using a funding method that already failed in Texas.

Japan didn't get to 100Mbps by a single government-funded network. It did it by actually enforcing competition among broadband providers. Why did it do this? Because a private entrepreneur, Masayoshi Son, and his company Softbank, pestered the Japanese government until it did so.

Thus it's refreshing that these graphs laying out how far ahead of the U.S. Japan is come from the New America Foundation. Chair? Eric Schmidt, CEO of Google.

Byte Charging Rears Its Ugly Head

Here it is again:

Some people use the Internet simply to check e-mail and look up phone numbers. Others are online all day, downloading big video and music files.

For years, both kinds of Web surfers have paid the same price for access. But now three of the country’s largest Internet service providers are threatening to clamp down on their most active subscribers by placing monthly limits on their online activity.

— Charging by the Byte to Curb Internet Traffic, By BRIAN STELTER, New York Times, Published: June 15, 2008

The article names Time Warner, Comcast, and AT&T as the three prospective byte chargers.

I can remember when all the European PTTs charged by the byte. That held the Internet in Europe back by at least four years. The article rightly points out byte charging would interfere with all sorts of business plans. It would also inhibit political speech.

Isn't it lovely when the duopoly that controls U.S. Internet access considers participation a leak that needs to be fixed?

-jsq

Freedom v. Market Mythology

Here's a question that answers itself:

...what is it about individual freedom that "conservatives" like the Spectator and Armey don't like?

To be fair, the debate is larger than the Spectator and Armey. Most congressional Republicans oppose the idea of giving consumers freedom on the Internet. They take shelter in their anti-government, anti-regulation rhetoric, preferring to allow Internet freedom to apply to the corporations which own the networks connecting the Internet to consumers, rather than to consumers themselves. There could, of course, be a larger discussion about the meaning of "conservative" and Republican, and whether the two are synonymous.

(To be fairer still, it's not only Republicans. Many a Democrat also speaks out against Internet freedom. They don't have the fig-leaf of misbegotten ideology to hide behind, as they largely back worthwhile government action in many other areas. They are simply servants of corporate and/or union interests. The question applies equally: What about freedom don't they like?)

— Why The 'Right' Gets Net Neutrality Wrong, Art Brodsky, HuffingtonPost, Posted May 5, 2008 | 10:21 AM (EST)

The clue is "servants of corporate ... interests". (Unions occasionally get into this act; corporations much more frequently.) And it's not simple greed for corporate lobbyist money or kickbacks or the revolving door: many politicians and people really believe the "free market" will solve all problems. That's the origin of the doctrine of "market failure" that has pervaded all U.S. federal departments and agencies. Nevermind that when it's a major airline or automobile manufacturer or, even worse, a financial institution such as Citibank, these same people support all sorts of governmental market manipulations and bailouts. We're talking mythology here, kind of like the "rational actor" myth of economics.

Brodsky digs into the misconceptions behind this myth:

[Peter] Suderman's analysis: "In fact, not only were all of these companies [eBay and Google] born in an era with no mandated net neutrality, it's utterly unclear that a lack of neutrality would've impeded them in any way whatsoever."

That is not how it happened. This is how it happened:

Revisionism by PRI

This is amusing:

The attempt to force network neutrality on wireless carriers will result in disaster and is based on faulty assumptions, including one that there ever was neutrality on the Internet, according to a newly released analysis from the Pacific Research Institute (PRI).

— Researcher Rebukes Wireless 'Net Neutrality' Advocates, NewsBreak, Telecomweb - USA, 26 March 2008

Well, I guess that waves away all the well-documented steps the FCC took to strip away common carrier status from each facet of Internet provision

You have to register to read the rest at Telecomweb, but PRI has more, including this rather amusing claim:

Big picture: Net Neutrality vs. Social Control by Big Media

Most net neutrality discussions get bogged down in details. This video draws the big picture from the beginnings of the Internet, backwards to the "consolidation" of earlier forms of media such as the printing press and radio, to what the duopoly is trying to do to the Internet.

Do we want the Internet to go the way of newspapers, radio, and TV, and even the postal service, with 90+% of content provided by half a dozen big corporations and only op-eds and heavily selected and edited letters permitted from the great unwashed? Hey, they've got that in China, and there most of the population believes that Tibetans are barbarian recipients of superior Chinese culture, so Chinese troops are totally justified in squashing any ungrateful opposition. We could return to depending on the traditional media in the U.S.; after all, they only helped lie us into a war of choice in Iraq, costing $2 billion a week that we could be using to deal with education, health care, and preserving the natural world. Or we can fight for Internet freedom.

-jsq

Jettisoned: 8 Centuries of Common Carriage Law

Someone at CAIDA (presumably kc Claffy by the writing style), went to

an invitation-only intensely interactive workshop on the topic of Internet infrastructure economics. participants included economists, network engineers, infrastructure providers, network service providers, regulatory experts, investment analysts, application designers, academic researchers/professors, entrepreneurs/inventors, biologists, oceanographers. almost everyone in more than one category.

— internet infrastructure economics: top ten things i have learned so far, by webmaster, according to the best available data, October 7th, 2007

and wrote up a report including this summary of the political situation:

...and it turns out that in the last 5 years the United States — home of the creativity, inspiration and enlightened government forces (across several different agencies) that gave rise to the Internet in the first place — has thoroughly jettisoned 8 centuries of common carriage law that we critically relied on to guide public policy in equitably provisioning this kind of good in society, including jurisprudence and experience in determining ‘unreasonable discrimination’.

and our justification for this abandonment of eight centuries of common law is that our “government” — and it turns out most of our underinformed population (see (1) above) — believes that market forces will create an open network on their own. which is a particularly suspicious prediction given how the Internet got to where it is today:in the 1960s the US government funded people like vint cerf and steve crocker to build an open network architected around the ‘end to end principle’, the primary intended use of which was CPU and file sharing among government funded researchers. [yes, the U.S. government fully intended to design, build, and maintain a peer-to-peer file-sharing network!]

That's right folks: "resource sharing" was the buzzword back then, and every node was supposed to be potentially a peer to every other.

WSJ Fears Innovation: Net Neutrality As Internet Wrecking Ball

Apparently this WSJ opinion writer couldn't actually argue with Ed Markey's net neutrality bill, so he made up a straw man:

Imagine a town that has all sorts of gasoline pipelines running by it but only one gas pump. Rationing is inevitable. So are price controls.

Everyone gets equal amounts, except of course first responders like police and ambulances, which should get all the gas they want. And, well, so should the mayor. And if you can make a good business case that you work 60 miles away, you can file paperwork and perhaps pull some strings for more gas. How about those kids hot-rodding around town who can't drive 55? They get last dibs, and maybe we can sneak in some gas thinner to slow down their engines and not waste gas.

— Internet Wrecking Ball, By Andy Kessler, Wall Street Journal, February 25, 2008; Page A15

What's especially amusing about this strawman is that it's what the duopoly is planning as they do away with net neutrality, except it's not first responders or governments that will get favored bandwidth: it's Hollywood. Meanwhile, Markey's bill doesn't say any of that. It doesn't include any regulation at all.

Kessler invokes Orwell:

This is the essence of the Ed Markey's (D., Mass.) Orwellian-named Internet Freedom Preservation Act of 2008, which would foist network neutrality on the wild and woolly Internet.

Kessler maybe wasn't around in the earlier days of the Internet, or he would know that net neutrality is what we used to have, until it got chipped away starting in about the year 2000, as the FCC failed to enforce the Unbundled Network Elements (UNE) of the Telecommunications Act of 1996, and reclassified cable modem access as an information service in August 2002, wireline broadband in August 2005, and wireless broadband in March 2007. The FCC stripped common carriage status from Internet provision, something never done before in the U.S. So what Markey's bill is actually trying to do is to preserve the freedom the Internet used to have before the present administration and the duopoly systematically tried to do away with it. That's the opposite of Orwellian: that's the plain truth.

If Kessler did know Internet history, or had been around when we were making it, he would know not to write things like this:

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?

Users Revolt: Net Neutrality Wins

This is the path to net neutrality:

"See-bare-espace... it is everting."

—Odile Richards, Spook Country by William Gibson, 2007

Long version:

Top Ten Predictions for 2008

1. The Users Revolt. As advertisers focus in on social networking sites, users revolt against this trend, and power shifts in the worlds of Social Networking from owner to user, on issues ranging from Second Life rules and Facebook privacy to Cellphone Billing. Users will gain new leverage.

— My Top Ten Predictions for 2008, Mark Anderson, Strategic News Service Blog, 22 December 2007

He picks up on some of many signs of users' discontent, such as Facebook's Beacon fiasco:

Moderate? Comcast Stifling Isn't

Promising unlimited access, not delivering, and refusing to admit it is managing a network for the good of the many above the activities of the few? Pete Abel thinks so:

Earlier this month, Comcast — the nation’s largest cable broadband company — was caught doing what any good Internet Service Provider (ISP) should do, i.e., manage its network to ensure that the online activities of the few don’t interfere with the online activities of the many,

Fair vs. Foul in Net Neutrality Debate, By Pete Abel, The Moderate Voice, 24 November 2007

The problem with Comcast stifling BitTorrent by faking reset packets from a participant is not that Comcast is trying to manage its network: it's that Comcast used a technique that if it came from anyone other than an ISP would be considered malicious denial of service, that Comcast still hasn't admitted doing it, and that Comcast bypassed numerous other methods of legitimate network management, such as those used by PlusNet. Comcast could even use the Australian model and sell access plans that state usage limits and throttle or charge or both for usage above those limits. What Comcast is doing it seems to me is much closer to the false advertising of unlimited access that got Verizon slapped down for wrongful account termination.

The biggest problem with what Comcast (and Cox, and AT&T, and Verizon) are doing is that their typical customer has at most one or two choices, which in practice means that if your local cable company and your local telephone company choose to stifle, throttle, block, or terminate, you have no recourse, because there's nowhere to go. Competition would fix that.

Abel tries to back up his peculiar interpretation of network management with revisionist history:

Clogged: Internet Demise Predicted, Again

I predict this prediction will be misused by the duopoly to lobby for more favoratism for the duopoly:

User demand for the Internet could outpace network capacity by 2010, according to a study released today by Nemertes Research. The study found that corporate and consumer Internet usage could surpass the Internet access infrastructure, specifically in North America, but also worldwide, within the next three to five years.

...

As Internet capabilities continue to expand and users strive to be constantly connected, usage of the Internet via the mobile phone, set-top boxes and gaming devices has exponentially increased thus limiting bandwidth capacity. This is due in large part to voice and bandwidth-intensive applications, including streaming and interactive video, peer-to-peer file transfer and music downloads and file sharing. According to ComScore, nearly 75% of U.S. Internet users watched an average of 158 minutes of online video in one month alone and viewed more than 8.3 billion video streams.

— Internet could clog networks by 2010, study says, By Sarah Reedy, TelephoneOnline, Nov 19, 2007 1:03 PM

If I had a nickle for every time imminent demise of the Internet has been predicted. This has been going on since before the Internet even existed, and the results have been different than in this prediction.

U.S. Broadband Competitiveness: Let's Study It To Death

Let's study it to death:

The United States is starting to look like a slowpoke on the Internet. Examples abound of countries that have faster and cheaper broadband connections, and more of their population connected to them.

What's less clear is how badly the country that gave birth to the Internet is doing, and whether the government needs to step in and do something about it. The Bush administration has tried to foster broadband adoption with a hands-off approach. If that's seen as a failure by the next administration, the policy may change.

In a move to get a clearer picture of where the U.S. stands, the House Energy and Commerce Committee on Tuesday approved legislation that would develop an annual inventory of existing broadband services -- including the types, advertised speeds and actual number of subscribers -- available to households and businesses across the nation.

— U.S. sees some countries overtake it in broadband speeds, but is there a problem? Associated Press, 30 Oct 2007

On the one hand, this sounds like a popular approach to global warming by its deniers: now let's ask some scientists to study it. After all, the Okefenokee and surrounds burned more acres than in living memory, western wildfires have increased fourfold since 1970, 30 million people in half a dozen southwest states may run out of water in the next decade or so, and 12 million people in the Atlanta metro area are less than 3 months from having no water. And hundreds of climate scientists have already turned in their verdict. But, hey, now let's ask some scientists to study it.

On the other hand, this is Ed Markey's committee, and he has seemed serious about doing something, so maybe he's just cojmpiling a case. Sure, he's probably reacting to people like this who are taking the same tack as outlined above:

Faster Speeds Enable More Applications, Competencies, and Participation

The figure shows new applications becoming possible as speeds increase, starting with electronic mail at the lowest speeds, through VoIP, also at a pretty low speed, and on up through multi-player games, video on demand, virtual reality, and telepresence. A few big ones seem to be missing, such as file transfer and the world wide web, but maybe those were available at too low speeds to mention. This point of speed enabling new applications is important, but even more so is what people do with those applications.

As Sharon Strover says, perhaps we should frame the discussion more in terms of competencies, rather than speeds. Or, as IIA says:

Business use of video conferencing is expected to increase as rising fuel prices, business continuity planning for possible avian flu pandemic or terrorist attack, environmental concerns and the provision of greater work/life balance for employees, begin to build pressure for workforce decentralisation. The Australian Telework Advisory Committee in its final report also recognised the productivity benefits that teleworking can deliver to business.11 These factors will see businesses require more broadband capacity and performance.

Overall, we anticipate that users will demand a mix of simultaneous or near simultaneous services to be accessible. As a guide, we would expect access services to be able to support concurrent uses of some or all of the following VoIP, gaming, multichannel streaming and video on demand (including HDTV quality), music, legitimate P2P file sharing, and browsing. The figure below illustrates the individual bandwidth requirements for a range of services.

— 2010 National Broadband Targets: Maintaining Australia's Competitiveness, p. 10-11, Internet Industry Association, 31 July 2006

Notice that many of these applications are participatory, and more intensely vivid methods of participations such as telepresence become available at higher speeds. However, electronic mail (one-to-one communication), mailing lists (one-to-many) and USENET newsgroups (many-to-many) were participatory at speeds most users would sniff at these days. Yet it takes higher speeds to do graphically-oriented multi-user roleplaying games such as World of Warcraft. Such games have hordes of paying users, especially in countries such as Korea with high access speeds. Participation breeds revenue, which fuels speed. Business and recreation aren't the only uses of participation.

Net Neutrality Won't be Fixed by Anti-Trust: B. Cherry

At TPRC Sunday, Barbara Cherry walked through the evolution of bodies of law in the U.S., and made some fascinating observations, including:

• Net neutrality is a manifestation of moving from a Title II industry-specific business legal regime under the Communications Act of 1934 to a Title II-based regime and greater reliance on a general business regime of antitrust and consumer protection laws, as the FCC did in August 2005 for wireline broadband access service to the Internet and in 2002 for cable modem access service.
• Simply mMoving among traditional and deregulatory legal regimes for transportation carriers does did not strip common carriage status; it merely changesd the legal overlay that enforcesd it.
• FCC stripping broadband of common carriage was a radical departure: nothing classified as common carrier has ever been declassified before.
• Anti-trust doesn't automatically cover problems from previously addressed in the Title II industry-specific regime when a business is moved to the Title II general business regime. Anti-trust needs modification to do this.
• Liability is also different between regimes. Without tariffs some legal protections for limited liability constraints are gone, and common carriers are now potentially fully liable for damages. The final filed rate doctrine should have no applicability to a detariffed world.

The above is, I think, a reasonably close paraphrase of some of her points.

I infer from this that the economists and politicians and telco and cableco executives who say that we shouldn't regulate because we don't know what will happen and anti-trust will catch problems if they occur are not taking into account that anti-trust doesn't automatically apply to or address problems in the new legal regime into which broadband has been thrust.

In other words, people see things in the context of what they know, and economists don't usually know about legal evolution.

Telco and cableco executives, on the other hand, may well have business and political reasons for claiming there's no need for regulation, whether or not they know that existing anti-trust law is inadequate. doesn't apply.

You can't have markets without some form of property rights of contract law. There is also basic legal infrastructure you need for communication infrastructure.

I see little or no understanding of these points in FCC, FTC, or Congress.

Prof. Cherry's whole paper is well worth reading: Consumer Sovereignty: Redrawing the Boundaries Between Industry-Specific and General Business Legal Regimes for Telecommunications and Broadband Access Services, by Barbara A. Cherry, TPRC, 30 Sep 2007

-jsq

PS: Markup for increased accuracy kindly supplied by Prof. Cherry.

When I invented the Web, I didn't have to ask anyone's permission.

One sentence sums it up:

When I invented the Web, I didn't have to ask anyone's permission.

&mdash: Net Neutrality: This is serious by timbl (Tim Berners-Lee), DiG, Wed, 2006-06-21 16:35

That's Internet freedom. That's why we need net neutrality.

What is net neutrality?

If I pay to connect to the Net with a certain quality of service, and you pay to connect with that or greater quality of service, then we can communicate at that level.

Where you and I are any pair of participants on the Internet.

Giant Beasts Gently Swatting

Susan Crawford pithily describes the current Internet access market:

The duopoly is something like Shamu and Godzilla on hire for televised wrestling – giant beasts gently swatting at one another for the cameras. They aren’t competing, these giants. There is a clear failure in the market for highspeed internet access in this country.

— Moving Slowly in the Fast Lane by Susan Crawford, Susan Crawford blog, Tue 19 Jun 2007 10:29 PM EDT

What is to be done?

Chief Parsons

This is the funniest thing I've seen in a while. Time-Warner CEO Richard Parsons says:

“The Googles of the world, they are the Custer of the modern world. We are the Sioux Nation. They will lose this war if they go to war. The notion that the new kids on the block have taken over is a false notion.”

— The Fighting Sioux, by Gunnar Peterson, 1 Raindrop, 11 May 2007

Which is amusing enough. Time-Warner thinks the cablecos and telcos are the original natives of the Internet? I beg to differ. Google, Yahoo!, YouTube, etc. are much more in the spirit of the original creators of the Internet technology and of the people who originally commercialized and privatized the Internet.

Exogenous Technological Change

Here's a good backgrounder video on where the Internet came from and where it may be going: Humanity Lobotomy. See especially the part by Larry Lessig about how printing presses in the early days cost about $10,000 in 2007 dollars, and lots of people had one and published books and pamphlets.

What did the telephone companies have to do with inventing the Internet?
Nothing.
The browser?
Nothing.
The World Wide Web?
Nothing.
What have they had to do with the Internet from the beginning of time?
Nothing.

--Bob Kahn

What did they invent?