WebProNews

Tag: Net Neutrality

  • Barry Diller Talks Net Neutrality at SXSW

    Barry Diller Talks Net Neutrality at SXSW

    Barry Diller spoke about the various aspects of the media today. We looked at what he had to say about the The Daily Beast/Newsweek deal, The Daily, and the iPad here.
    Diller also spoke for a bit about net neutrality. “We are not where we should be,” he said. “We need an unambiguous rule – law that nobody will step between the publisher and the consumer.”

    He went on to say that he finds it “really surpsing” that when he talks to different groups, that there aren’t more people screaming on the part of all of the people who are in various ways – creating, thinking, and using the Internet. “I’m not saying we should overthrow the government,” he noted, but seemed to call for more vocal action from the people.

    He took a subtle jab at the Wall Street Journal’s editorial policy, calling it “wacky” (his second jab at News Corp. – following comments about The Daily). He described the WSJ’s stance of it being “a terrible thing” to have rules and laws for net neutrality, on the basis that it would “impede investment”.

    What will happen, Diller said, is that they’re going to have to build more capacity to accommodate the increase in online video, and they will charge for usage (which he said he thinks is appropriate), but the people who control the broadband will say that they feel it’s their right to say when they think entities are using too much, so they should pay if they’re pushing the bandwidth out. “It would be like asking a toaster to pay for the electricity,” he said.

    He said he doesn’t think it would be the death of entrepreneurship, but that what would be terrible is that the Internet would follow the pattern of other communications media from the last hundred years – in the hands of the very few, where editorial politics come into play – and whoever can pay the most wins.

  • FCC Adopts Net Neutrality Rules For Better or Worse

    FCC Adopts Net Neutrality Rules For Better or Worse

    Today, the Federal Communications Commission (FCC) has adopted Net Neutrality rules that have drawn very mixed reviews all across the political landscape. 

    Rather than sugarcoat it or spin it in anyway, I’ll simply embed the statement from FCC Chairman Julius Genachowski (Via Brian Stelter), and you can make your own decision about whether it goes too far or doesn’t go far enough:
    Net neutrality statement by Julius Genachowski, the FCC chair, on Dec. 21, 2010  

    If you look at a Twitter search on #FCC, you’ll see a pretty good mix of commentary. Politico has a pretty good article outlining the political struggle on this issue. 

    We thought there would be more from Genachowski on the FCC’s Open Internet blog, but the blog appears to be down. 

    "The open Internet is a crucial American marketplace, and I believe that it is appropriate for the FCC to safeguard it by adopting an Order that will establish clear rules to protect consumers’ access," said FCC Commissioner Mignon L. Clyburn ahead of today’s meeting. "The Commission has worked tirelessly to offer a set of guidelines that, while not as strong as they could be, will nonetheless protect consumers as they explore, learn, and innovate online."

    What do you think of the FCC’s adoption? Share your thoughts in the comments

  • Web’s Inventor “Disturbed” By Current State of Creation

    Web’s Inventor “Disturbed” By Current State of Creation

    The inventor of the web is not thrilled with the current state of his creation or the direction it’s taking. Tim Berners-Lee has released a new report at Scientific American, entitled Long Live the Web: A Call for Continued Open Standards and Neutrality, with the subtitle: "The Web is critical not merely to the digital revolution but to our continued prosperity—and even our liberty. Like democracy itself, it needs defending."

    His sentiments are reflected by open standards advocates everywhere, and those that appear to be diminishing the principles Berners-Lee and the like stand for are among some of the biggest players on the web. 

    Berners-Lee calls out social networks like Facebook, LinkedIn and Friendster for closing off data, as well as wireless providers and governments for hindering progress. "Large social-networking sites are walling off information posted by their users from the rest of the Web," he says. "Wireless Internet providers are being tempted to slow traffic to sites with which they have not made deals. Governments—totalitarian and democratic alike—are monitoring people’s online habits, endangering important human rights."

    Tim Berners-Lee Talks About what's wrong with the web"If we, the Web’s users, allow these and other trends to proceed unchecked, the Web could be broken into fragmented islands. We could lose the freedom to connect with whichever Web sites we want," he adds. "The ill effects could extend to smartphones and pads, which are also portals to the extensive information that the Web provides."

    "Several threats to the Web’s universality have arisen recently," he later adds. "Cable television companies that sell Internet connectivity are considering whether to limit their Internet users to downloading only the company’s mix of entertainment. Social-networking sites present a different kind of problem. Facebook, LinkedIn, Friendster and others typically provide value by capturing information as you enter it: your birthday, your e-mail address, your likes, and links indicating who is friends with whom and who is in which photograph. The sites assemble these bits of data into brilliant databases and reuse the information to provide value-added service—but only within their sites. Once you enter your data into one of these services, you cannot easily use them on another site. Each site is a silo, walled off from the others. Yes, your site’s pages are on the Web, but your data are not. You can access a Web page about a list of people you have created in one site, but you cannot send that list, or items from it, to another site."

    Google and Apple are a couple more major companies that fail to escape Berners-Lee’s criticism. He calls out Apple for making iTunes a walled garden and Google’s joint proposal with Verizion, suggesting that wireless should be treated differently than wired, when it comes to net neutrality. 

    He also says it’s "disturbing" that magazine publishers are turning to smartphone apps rather than web apps, because these too are closed off from the web itself. 

    Interestingly, Berners-Lee cites web giant Amazon as more of an example of what can be accomplished because of open standards, noting that they were able to grow into the powerhouse they’ve become as a result of access to free, basic web technologies and standards. He also mentions Craigslist and Wikipedia as positive examples. 

    Berners-Lee’s six-page report is an interesting look at the direction the web has taken after 20 years, from the guy that’s been there every step of the way. While much of his assessment is indeed a bit dark, there is some optimism sprinkled throughout. He admits that it is an "exciting time", and calls upon developers, businesses, governments, and citizens to work together to shape where the web goes from here. 

    With some of the "closed" entities taking up such an exceedingly substantial amount of web user attention, however (not to mention the other powerful elements in play like the wireless/cable companies’ practices) it’s hard to imagine the direction changing drastically anytime soon. 

    Facebook is reportedly accounting for about a quarter of all page views in the U.S. and it’s starting to push itself as users’ entry point to the web at large, while simultaneously moving to become users’ main entry point of communication (and likely payments in the not-too-distant future). 

    Is Berners-Lee’s web doomed to become just an important part of history? An important step in the evolution of technology and communication? Can it survive on any mainstream level with all of these forces seemingly working against it while using it at the same time? 

    Let us know what you think.

  • Google Aims to Separate Fact from Fiction Around Net Neutrality Proposal

    Google Aims to Separate Fact from Fiction Around Net Neutrality Proposal

    Update: Wired is reporting that Net neutrality group Free Press and MoveOn.org will lead a protest at Google’s headquarters Friday.

    Orginal Article: Google has posted a lengthy article about "myths and facts" surrounding the net neutrality proposal it introduced with Verizon this week. This proposal has been controversial to say the least, and while this may not be enough to change all minds, it is certainly worth taking look at.

    First off, let’s look at what Google says are "myths" about the policy. These include:

    1. Google has "sold out" on network neutrality.
    2. This proposal represents a step backwards for the open Internet.
    3. This proposal would eliminate network neutrality over wireless.
    4. This proposal will allow broadband providers to "cannibalize" the public Internet.
    5. Google is working with Verizon on this because of Android.
    6. Two corporations are legislating the future of the Internet.

    I think most opponents of the proposal will be most interested in what Google has to say around numbers  3 and 5. The whole wireless being treated differently thing seems to be rubbing a lot of people the wrong way. That combined with the fact that Google has a growing interest in the mobile space (not to mention Verizon’s even more obvious interest) just hasn’t sat well with everybody.

    Open - How Open is Google/Verizon's proposal?First of all, as far as Android is concerned, Google says, "This is a policy proposal – not a business deal. Of course, Google has a close business relationship with Verizon, but ultimately this proposal has nothing to do with Android. Folks certainly should not be surprised by the announcement of this proposal, given our prior public policy work with Verizon on network neutrality, going back to our October 2009 blog post, our January 2010 joint FCC filing, and our April 2010 op-ed."

    Google maintains that the wireless market is more competitive than the wireline market, giving consumers more choices among providers. Another factor the company brings up is that wireless networks employ airwaves, as opposed to wires, and "share constrained capacity among man users.

    "In our proposal, we agreed that the best first step is for wireless providers to be fully transparent with users about how network traffic is managed to avoid congestion, or prioritized for certain applications and content," the company says. "Our proposal also asks the Federal government to monitor and report regularly on the state of the wireless broadband market. Importantly, Congress would always have the ability to step in and impose new safeguards on wireless broadband providers to protect consumers’ interests."

    That’s really just the tip of the iceberg of what Google has to say on this matter. Read the whole piece here. Have they said anything to change your mind? 

  • AT&T: Yep, Wireless is Different

    AT&T: Yep, Wireless is Different

    The net neutrality debate sparked (most recently) by Google and Verizon earlier this week continues. Now AT&T has weighed in, and unsurprisingly it appears to agree with the companies.

    One of the biggest controversies of the Google/Verizon policy proposal is that wireless is being treated differently. AT&T says, "Wireless is different." In a post on the company’s public policy blog, they write:

    Data traffic on wireless networks continues to explode.  And this is not only being driven by the ever-increasing use of smartphones.  The per unit sales of wirelessly enabled portable devices (think netbooks, E-books, E-tablets and navigation devices) is expected to grow from approximately 6M in 2008 to 86M in 2014.  It’s not surprising that mobile broadband data traffic is on a similar trajectory.  The 90,000 terabytes of traffic per month that was carried on wireless networks in 2009 will mushroom to 3,600,000 TBs/month by 2014.

    iPhone 4 Pitted against this insatiable demand are wireless networks of finite and shared resources.  Wireless networks simply cannot provide the same amount of capacity as wireline networks (i.e., DSL and cable).  Fiber is to a wireline network what spectrum is to a wireless network, and as a transmission medium, the two simply do not compare.  The theoretical top speed of a LTE carrier is 100 Mbps.  By contrast, theoretical transmission speeds on fiber can reach as high as 25,000,000 Mbps.  The 5 extra zeros tell the story. 

    We are constantly striving to increase the efficiency of our spectrum resources, but the amount of available spectrum in any given market is finite.  And while we regularly split cell sectors and add additional cell towers, there are very real limits placed on cell site construction by zoning and local approval boards.

    AT&T says its doing its part by accelerating network efficiencies through network upgrades, capitalizing on complementary network infrastructure like WiFi and microcells, and deploying more cell sites while adding capacity to backhaul facilities.

    The company also says that policymakers can help by reallocating more spectrum for CMRS use, and protecting wireless broadband networks from "onerous new net neutrality regulations". AT&T says that’s vital to the growth of the industry.

    Thoughts?
     

  • Net Neutrality Protests Underway at Google HQ

    Net Neutrality Protests Underway at Google HQ

    The protesting has begun outside of Google’s headquarters in Mountain View. This is in response to Google’s joint proposal with Verizon released earlier this week over net neutrality legislation. Mark Hachman posted the photo below to TwitPic.

    The subject has dominated the tech headlines all week, and has taken a lot of heat throughout the Blogosphere. Google posted a defense of this in a blog post yesterday, aiming to dispel so-called myths about the proposal. That didn’t appear to do much to change opponents minds, however.

    Protests are reportedly coming from groups including Free Press and MoveOn.org. If the buzz on Twitter is any indication, the protests have been disappointing so far:

    Wow! With 5 – 7 million members, @FreePress and @MoveOn were able to rally only 100 people to protest Google. #FAILFri Aug 13 19:49:48 via TweetDeck

    Share photos on twitter with TwitpicOn a related note, Google’s Vint Cerf chimed in on the subject today in an interviw with CBC News. He had this to say: "You can’t imagine how polarized the beginnings of those discussions were. I viewed the discussions with Verizon as an experiment or an exploration of how two rather polarized views of net neutrality could ultimately end up reaching some sort of compromise that both parties would be equally unhappy with."

    "In some ways this represents not a stake in the ground, but rather the exploration of common ground and what that common ground might look like," he said. "I see it as a kind of homework assignment that Verizon and Google have attempted to complete just to show what happens when you try to come to some kind of common perspective."

  • Grooveshark for iPhone, TweetDeck for Android, Social Search Tools

    Grooveshark for iPhone, TweetDeck for Android, Social Search Tools

    Grooveshark has reportedly now become available in Apple’s App store after a long struggle to get it there. This is an app that lets you search for songs, and stream them on demand . Unsurprisingly, it faces legal battles, but it has already settled some. The app has been available on Android.

    TweetDeck announced today that TweetDeck on Android (beta) is now officially available.

    Google made a variety of interesting announcements today. The company held a small press event in which it introduced some new Android features. One is actually a Chrome extension/Android app combination that lets you send content from Chrome to your phone. The other is called Voice Actions, which lets you enter commands with your voice to bring up various functionalities on your Android device.

    In addition, Google posted a lengthy piece on "myths and facts" regarding its joint proposal with Verizon over net neutrality legislation. That evidently won’t stop people from protesting outside of Google’s headquarters.

    TechCrunch points to a couple of interesting social media search tools. One, called Sentimnt, is designed to let you search through your social feeds. Booshaka lets you search what’s trending on Facebook.

    Ars Technica points to a new Firefox 4 beta, which includes JavaScript optimizations and support for multitouch interaction on Windows. Mozilla’s Rob Sayre talks more about the JavaScript stuff here.

    Facebook launched a new software development kit for iPhone/iPad development, which will bring the open graph to iOS apps. This means iPhone and iPad apps will be getting a lot "more social" as Facebook puts it. It means that you will be able to bring your Facebook friends into more apps.

    Speaking of Facebook, you may remember that panic button that was introduced for it a while back in an effort to thwart perverts. The UK’s Child Exploitation and Online Protection Centre said today that the app has been downloaded 55,000 times. It has received over 211 reports about suspicious behavior online.

  • Where Facebook Stands on the Net Neutrality Debate

    Where Facebook Stands on the Net Neutrality Debate

    Google and Verizon have the tech web talking a lot with their controversial net neutrality proposal. One of the biggest criticisms about it is how wireless is treated differently than the non-wireless Internet.

    Jeff Jarvis has a great post about this subject talking about how considering these different is like saying there’s an Internet and a "Schminternet". Someone else that takes issue with the different treatment of wireless, however, is a name you might know even better – Facebook.

    The company has provided a statement (via InformationWeek) on its stance on this issue. "Facebook continues to support principles of net neutrality for both landline and wireless networks," said Facebook spokesperson Andrew Noyes. "Preserving an open Internet that is accessible to innovators — regardless of their size or wealth — will promote a vibrant and competitive marketplace where consumers have ultimate control over the content and services delivered through their Internet connections."

    Erick-Tseng Mobile is a huge part of Facebook use, so it makes sense for Facebook to want to preserve wireless neutrality. It may not be the biggest part (yet), but it’s a significant part. Last month, Facebook’s head of mobile products, Eric Tseng, said Facebook has 150 million users accessing the social network through phones and other mobile devices. He also talked about some big plans for the company’s mobile strategy going forward.

    That might not be the only concern, however. Dean Wilson at TechEye has some interesting thoughts. "Or, in other words, Facebook is afraid of the notion that Google, which could soon be its biggest competitor with its Google Me social network, may have a man on the inside in terms of net neutrality," he writes."It wouldn’t be the only one which fears that ‘net neutrality’ might turn out to be ‘favouring Google’, but it is certainly top of the list of those who believe the internet should be favouring Facebook instead."

    "Facebook is not as neutral as it claims, however," he adds. "In May of this year it signed deals with several major phone networks to offer its web portal for free to users. While this may at first sound like a generous offering, it is in fact preferential treatment, as users are many more times likely to use a free portal than one that eats their credit or monthly data allowance."

    Facebook CEO Zuckerberg (along with Google CEO Eric Schmidt) have both shown their support of the FCC’s net neutrality plans.

  • Coming Soon: More Amazon Hardware Products, Facebook Check-Ins?

    Coming Soon: More Amazon Hardware Products, Facebook Check-Ins?

    According to the New York Times, Amazon is looking into building more hardware products beyond the Kindle, citing "people with direct knowledge of the company’s plans". These products would be aimed at making it easier to purchase Amazon content, such as ebooks, music, and/or movie rentals.

    The industry has been waiting for Facebook to launch location/check-in features for the better part of the year, but now CNET reports that such features could be here within weeks, citing "multiple sources familiar with the matter".

    Ted Stevens Former Senator Ted Stevens was killed in a Plane crash. As MG Siegler points out, the timing of this is somewhat odd, as Stevens is known around the web as the guy who described the Internet as s "series of tubes" in the context of net neutrality. Net neutrality is of course a big item in the news currently, as Google and Verizon have released a proposal. More on Stevens here.

    IBM announced today that it has acquired Datacap, which it calls "a provider of software than enables organizations to transform the way they capture, manage, and automate the flow of business info". IBM intends to integrate Datacap within its ECM business, which is part of IBM’s Software Solutions Group.

    GeoEye, the satellite provider, whose GeoEye-1 provides Google with what the company calls the world’s most advanced commercial satellite imagery, was just awarded a new $3.8 billion contract from the National Geospatial-Intelligence Agency (NGA) for increased commercial satellite-imaging capacity.

    Nieman Journalism Lab has an interesting piece looking at tiered data plans and the possibility that they may "water down" advertising possibilities for news publishers.

    Malware reached its highest levels ever in the first six months of 2010, according to a new report from McAfee.

    In the first quarter of next year, HP will release a webOS tablet, if what Engadget has learned is true. Employees from the company have reportedly revealed that the device, nicknamed internally "Hurricane" was revealed in a company meeting.

    Netflix announced a new deal with Epix, which will give its users streaming access to more content from Paramount, Lionsgate, and MGM. Not to be outdone, however, Blockbuster announced that its mail subscription customers can now rent video games.

  • Google/Verizon “Open Internet” Proposal Draws Mixed Reviews

    Google/Verizon “Open Internet” Proposal Draws Mixed Reviews

    Update: Eric Schmidt and Ivan Seidenberg added some commentary in a Washington Post article today.

    Original Article: Today Google and Verizon held a joint press conference, and issued a joint policy proposal for an Open Internet, as they say. The companies appear to be promoting an Open Internet indeed, but there remains a great deal of skepticism about the policy proposal. Really, could it have gone any other way?

    Not that there’s anything wrong with that. This is the kind of thing you don’t want to just sit back and not question. You can expect a great deal of commentary about this to emerge (there is already quite a bit) as analysts have more time to look at the proposal and its implications, and let the information sink in, while playing out possible scenarios.

    Google and Verizon  have explained the proposal here, outlining seven principles that it embodies (Verizon has posted it as well). The proposal, intended for consideration by policymakers and the public is embedded below.

    Verizon-Google Legislative Framework Proposal

    Danny Sullivan has a liveblogged account of the actual press conference here.

    While the proposal focuses heavily on giving the FCC the power to regulate the broadband industry, one of the biggest criticisms it has drawn so far is the separate treatment of wireless broadband.

    The companies say, "We both recognize that wireless broadband is different from the traditional wireline world, in part because the mobile marketplace is more competitive and changing rapidly. In recognition of the still-nascent nature of the wireless broadband marketplace, under this proposal we would not now apply most of the wireline principles to wireless, except for the transparency requirement. In addition, the Government Accountability Office would be required to report to Congress annually on developments in the wireless broadband marketplace, and whether or not current policies are working to protect consumers."

    An example of the criticism this has invoked, comes right in the comments on Google’s blog post itself, "How exactly is wireless access different just because it is more competitive? Isn’t this a tad hypocritical? Everything is net-neutral except our oh-so-precious Android/Verizon traffic. Geez!" writes commenter Vishnu Gopal.

    Jan-David Jansen says (also in the comments), "Way to find a loophole in Net Neutrality via wireless, Google. ‘We will NOT prioritize our content (unless it’s on wireless which is the future of networking…).’"

    Some have also taken issue with the companies’ description of "Differentiated online services". This refers to the part in which the companies say, "We want the broadband infrastructure to be a platform for innovation. Therefore, our proposal would allow broadband providers to offer additional, differentiated online services, in addition to the Internet access and video services (such as Verizon’s FIOS TV) offered today."

    You can count on the fact that the companies will get plenty of "public comment" on their ideas, though it will not all be harsh criticism. Along with the skepticism, there is already a lot of praise for the proposal as well.

    Either way, this is simply a proposal for policymakers to look at, and in now way indicates that all of the principles outlined will become law. There’s no telling what the actual legislators will come up with.

  • Google and Verizon: NYT “Wrong” About That Google Verizon Deal

    Google and Verizon: NYT “Wrong” About That Google Verizon Deal

    Update 2: Verizon adds, "The NYT article regarding conversations between Google and Verizon is mistaken.  It fundamentally misunderstands our purpose. As we said in our earlier FCC filing, our goal is an Internet policy framework that ensures openness and accountability, and incorporates specific FCC authority, while maintaining investment and innovation. To suggest this is a business arrangement between our companies is entirely incorrect. 

    Update: According to the Guardian, Google has dismissed reports that it is in talks with Verizon to bring an end to net neutrality.

    The publication quotes a Google spokesperson as saying:""The New York Times is quite simply wrong. We have not had any conversations with Verizon about paying for carriage of Google traffic. We remain as committed as we always have been to an open internet."

    Original Article: As you may have read by now, Google and Verizon are reportedly in talks or "near a deal" that could lead to Verizon offering paid tiers of Internet access. In other words, users could be charged more for better-quality access or quicker access to to some web content.

    This of course goes against the principles of Network Neutrality , which Google has appeared to support in the past.

    The New York Times, the Wall Street Journal, and the AP are all reporting similar stories on this with unnamed sources, but they all indicate a deal could be announced within days (even as soon as Friday). 

    Edward Wyatt with the NYT writes, "At issue for consumers is how the companies that provide the pipeline to the Internet will ultimately direct traffic on their system, and how quickly consumers are able to gain access to certain Web content. Consumers could also see continually rising bills for Internet service, much as they have for cable television."

    There are a few key elements of these reports that seem to be getting widely overlooked. Wyatt, for example, says, "It is not clear that the Google-Verizon talks will result in a deal, or that any agreement would extend beyond those companies."

    The Wall Street Journal reports, "People familiar with the negotiations said the companies have reached a tentative agreement on managing network traffic…" The publication also quotes a Verizon spokesperson, who says, "’We are currently engaged in and committed to the negotiation process led by the FCC’ that will The Details are Scarce.allow both sides to ‘reach a consensus that can maintain an open Internet and the investment and innovation required to sustain it.

    In addition, the WSJ notes: "Details are scarce."

    There have already been a lot of opinions voiced in response to the reoprts, and I’m not saying they’re without merit. Jeff Jarvis writes,  "What also concerns me is that creators will get screwed, too. Only the big guys will be able to afford to pay ISPs for top-tier service and so we return to the media oligarchy that — O, irony — YouTube and Google broke apart. Google, I fear, is gravitating back to the big-media side because it wants those brands on YouTube so it can get their advertisers on YouTube because those advertisers are still too stupid to see where the customers really are. And then we’re back to a world of big-media control over what we get to see. It was the millions of little guys — people who made their own videos, people who embedded videos — who made YouTube YouTube."

    Om Malik at GigaOm says, "This agreement shouldn’t come as a surprise. The two companies are becoming increasingly close of late. Google is trying to make Android a major player in the mobile world. One of the company’s closest partners in this effort, in the U.S., is Verizon Wireless. It would therefore make sense that the two will come to some sort of an agreement."

    Notice that both titles of these posts contain question marks: "Evil?" and "Did Net Neutrality Just Get Knifed in the Back?"

    I think I like Greg Sterling’s response best. "It’s important to be cautious about drawing conclusions before the facts come out," he says.

    We know that they’re "in talks" and private ones at that. A lot of this appears to be based on speculation and hearsay. Is Google really going to do a complete 180 on its stance on this issue? Maybe, but let’s see what happens.

    Google said earlier this year, "Our goal is straightforward: ‘to keep the Internet awesome for everybody.’ The Internet was designed to empower users. Its open, "end-to-end" architecture means that users – not network providers or anyone else – decide what succeeds or fails online. It’s a formula that has worked incredibly well, resulting in mind blowing innovation, incredible investment, and more consumer choice than ever."

    I’d keep an eye on Google’s Public Policy blog for comments from the company on this issue. I’d also keep an eye on the FCC’s OpenInternet.gov blog for their comments on the issue.

  • FCC Loses Net Neutrality Battle Against Comcast

    FCC Loses Net Neutrality Battle Against Comcast

    News broke today that the U.S Court of Appeals for the District of Columbia ruled against the FCC in a net neutrality case vs Comcast. The FCC had previously ordered Comcast to cease treating web traffic for different customers differently (which they had apparently done to slow down connections for users heavily engaged in bittorrent use).

    The court today ruled that the FCC does not have the authority to do such a thing, and now many throughout the Internet industry are growing concerned about what this ruling may mean for the future of net neutrality.

    Markham Erickson, Executive Director of the Open Internet Coalition, which counts Google, Facebook, Twitter, Amazon, and eBay (just to name a few) among its supporters, says:

    "Today’s DC Circuit decision in Comcast creates a dangerous situation, one where the health and openness of broadband Internet is being held hostage by the behavior of the major telco and cable providers.

    "The Court has taken an aggressive position, rejecting the FCC’s legal authority to implement broadband Internet policy under Title I of the Communications Act. The legal challenge to Title I authority by Comcast has created an outcome where the FCC has no option but to immediately open a proceeding to clarify its authority over broadband network providers under Title II.

    "The Court’s sweeping decision eliminates the Agency’s power to either enforce the Internet Policy Statement or possibly to promulgate new open Internet rules to protect consumers and small businesses under Title I. As a result, the FCC is now unable to police broadband networks against anti-competitive and anti-consumer behavior by broadband providers, and may not be able to implement many of the elements of the National Broadband Plan, including comprehensive Universal Service Fund (USF) reform.

    "The court recognized this issue and appeared to invite the Commission to proceed against Comcast and other broadband Internet access providers under Title II. Establishing limited Title II authority with restraint and forbearance over broadband Internet access will remedy the Agency’s own now-discredited attempt to cobble together ancillary authority under Title I. That effort, undertaken by the previous Administration, was based on numerous incorrect legal, technological, and market assumptions. By contrast, Title II authority rests on sound factual and legal grounds, and will serve as a strong foundational basis for the FCC to protect access connections for consumers and small businesses."

    Open Internet Coalition Offers statement on court ruling against FCC

    The FCC itself has issued the following statement on the subject:

    "The FCC is firmly committed to promoting an open Internet and to policies that will bring the enormous benefits of broadband to all Americans. It will rest these policies — all of which will be designed to foster innovation and investment while protecting and empowering consumers — on a solid legal foundation."

    "Today’s court decision invalidated the prior Commission’s approach to preserving an open Internet. But the Court in no way disagreed with the importance of preserving a free and open Internet; nor did it close the door to other methods for achieving this important end."

    Interestingly enough, no update has been made on the FCC’s OpenInternet.gov site, about what the next steps are. One can only assume this will be addressed here before too long.

  • Spanish Telecom May Seek To Charge Search Engines

    Spanish Telecom May Seek To Charge Search Engines

    The CEO of Spanish telecom company Telefonica might soon try to obtain some money from Google and its rivals.  Cesar Alierta said today that search engines’ popularity creates something of a burden for his organization, and that he’d like Telefonica to share in their profits.

    Google LogoAs reported by John W. Daly, Alierta told Spanish newspaper El Pais, "Search engines use our network, without paying anything for it."  Installation, maintenance, and customer service costs are among the things for which he’d like to be compensated.

    Considering that Google, Yahoo, and Microsoft are sure to ignore (or perhaps laugh off) this idea, it’s necessary to consider where Alierta will go from here.  Lawsuits always seem to represent an option, of course, or Telefonica could try to employ some traffic shaping techniques (which might well outrage consumers and cause the search engines to file their own suits).

    Or – we’re not trying to sensationalize anything – the whole issue could get dropped if Alierta finds that his proposal doesn’t have any traction.  Daly wrote, "El Pais reports Alierta is the first CEO of a carrier to openly declare he wants to send bills to content providers."

    So far, neither side’s hinted at making another move.

    Related Articles:

    > Cambodia Lambastes Google Over Border Portrayal

    > Justice Department Objects To Google Books Settlement

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  • Google Talks Open Internet Goals, Files FCC Submission

    Google Talks Open Internet Goals, Files FCC Submission

    Google filed a submission on its own and one jointly with Verizon to the FCC for its proposed rulemaking docket. Google says its goal is "to keep the Internet awesome for everybody."

    "There’s a lot of awesome stuff on the Internet: Cats talking LOLspeak. Iranian dissidents tweeting. Live traffic updates. Science experiments," says Rick Whitt, Washington Telecom and Media Counsel on Google’s Public Policy Blog. "All of these things, and so much more, are possible because of the openness of the Internet. Any entrepreneur with an idea has always been able to create a website and share their ideas globally – without paying extra tolls to have their content seen by other users. An open Internet made Google possible eleven years ago, and it’s going to make the next Google possible."

    Whitt outlined what Google supports in its FCC filing:

    – Adding a nondiscrimination principle that bans prioritizing Internet traffic based on the ownership (the who), the source (the what) of the content or application;

    – Adding a transparency principle that ensures all users have clear information about broadband providers’ offerings;

    – Providing a carefully-defined "reasonable network management" exception so that broadband providers are empowered to address genuine congestion issues and protect against hazards like malware and spamming;

    – Applying general openness protections to both wireline and wireless broadband infrastructure; and

    – Creating better enforcement mechanisms at the FCC, and introducing the concept of technical advisory groups (TAGs) to potentially provide expert advice and resolve disputes.

    Here is Google’s submission:

    01-14-10 Google Net Neutrality Comments

    Here’s Google and Verizon’s joint submission:

    Google and Verizon Joint Submission on the Open Internet

    The FCC’s OpenInternet.gov has numerous posts up liveblogging the recent "Innovation, Investment, and the Open Internet" workshop, which featured discussion from an interesting mix of people on the subject of the Open Internet.

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    > FCC’s Net Neutrality Site Gets a Blog