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Net Neutrality Act On the Agenda Again

Posted by kdawson on Tue Jan 30, 2007 08:27 PM
from the end-to-end-tubes dept.
blue234 writes "On January 9th, Republican Senator Olympia Snowe and Democrat Byron Dorgan reintroduced the bill popularly known as the Net Neutrality Act, and officially called the Internet Freedom Preservation Act. The bill was killed in the Senate last year in a vote split along party lines (Democrats yea, Republicans no), with the exception of Senator Snowe, who voted with the Democrats. Now that the Democrats have a slight majority in the Senate, the bill certainly has a better chance, but it still needs 60 votes to prevent a Republican filibuster.
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  • by JoshJ (1009085) on Tuesday January 30 2007, @08:32PM (#17822614) Journal
    If this suceeds, I think we basically win the internet freedom war against the telcoms and cable companies- it'll be a long time before they can do any more damage.
    • If this suceeds, I think we basically win the internet freedom war against the telcoms and cable companies- it'll be a long time before they can do any more damage.
      Maybe. I guess it depends on how loosely worded the bill ends up being and how many loopholes get thrown in by senators catering to special interests (read: corporate campaign sponsors). This sort of pandering to special interests isn't a Republican thing and it isn't a Democrat thing either -- it's a politician thing.

        • Question: Is there any way to word a Net Neutrality bill without loopholes which wouldn't also interfere with legitimate activity?

          I'd hope it would be possible, but it would certainly have to be carefully worded. However, and I'm sure this may put me in the minority here, but I don't think any Network Neutrality laws should be passed at this time. Any type of such regulations will add to costs (if nothing else than from an administrative/legal perspective) and of course those costs will be passed on to
      • by JoshJ (1009085) on Tuesday January 30 2007, @08:51PM (#17822772) Journal
        Stall the internet's progress?
        I'd say allowing the cable companies to charge people for delivery of content would halt it entirely- there'd be no more small innovations, you would have to be a big player to have a website, period. Nothing new would be possible from the average person- only from the large corporations.
        • I disagree. Let's say one area has both DSL and Cable IP as choices for high speed internet access. Let's say that the DSL company implements your fear scenario. They will block any blogger that does not pay to reach their customers. If I am the cable IP provider then I will not do this and then make this clear in my advertising campaign. My ads would say: Do you want the entire internet? Then signup with my cable IP service. Customers will flock to me.

          I have a lot more faith in the invisible hand
          • by Bill_the_Engineer (772575) on Tuesday January 30 2007, @09:23PM (#17823032)

            You are trusting that your cable IP service won't also have tiered access. Of course, both cable and telephone companies currently provide tiered services (DSL, DSL-Lite, voicemail, premium channels, VOIP, etc) why wouldn't they charge for access to third-party media providers.

            It takes more than two sources of broadband to create a free market.

          • by JoshJ (1009085) on Tuesday January 30 2007, @09:25PM (#17823046) Journal
            The invisible hand of the free market has failed left and right. Standard Oil. Carnegie Steel. Ma Bell. Microsoft. No thanks- I'll take a regulated market that guarantees individual rights by taking some away from corporations.
            • Yeah, sorry, the market was ruined by the consumers, not the producers. If you don't demand competition, then don't be surprised when producers don't compete. Go ask an Indian how many monopoly products he bought last year. Shit, we don't even haggle in the western world anymore - it's considered rude. Where's the US version of whirlpool? [whirlpool.net.au] Exactly how much effort have you put into finding the best price, on any product, in the last week? And don't go blaming the marketing and the slick advertising... you let it get this bad. Now you're crying to the government for regulation.
              • by kharchenko (303729) on Tuesday January 30 2007, @10:45PM (#17823708)
                >Where's the US version of whirlpool?
                Here [dslreports.com]
              • Re: (Score:3, Insightful)

                I hate to break this to you, but the free market is an illusion. It's a convinient lie told to people by economists and parroted by large companies because it suits their purposes (eg "don't blame us. It's just the market at work"). The thing that amazes me is that so many intelligent people buy into it.

                The truth is that the major players in any given market often collude with each other on one level or another for their own mutual benefit and the government goes along with it. In fact, governmental int
                • Sorry, but I think you are confusing lies with abstractions. The 'free market' is a theorerical abstraction for economists like a black body is a theoretical abstraction for physicists. Calling economists liars because the free market doesn't match your day-to-day economic experiences is like calling a paint manufacturer a liar because his black paint does not emit perfect black body radiation.

                  In the real world, the free market is gummed up by many things, such as collusion, friction, well-meaning government interference, and bribery-motivated government interference. What is truly remarkable is how well it works in spite of such problems.
                  • Calling economists liars because the free market doesn't match your day-to-day economic experiences is like calling a paint manufacturer a liar because his black paint does not emit perfect black body radiation.

                    Wow, I'm going to have to remember that one. :-)
              • by miskatonic alumnus (668722) on Tuesday January 30 2007, @10:52PM (#17823762)
                You know, I will blame the marketing and slick advertising. It was designed to play to people's weaknesses, much as propaganda shapes public opinion. Face it: almost all media is owned by a handful of corporations that want us to buy their crap. The only recourse is education --- an increasingly watered down, one-sided education provided by the public schools. And the corporate drivel has infiltrated there too. So, no, the consumers aren't at fault, they are behaving the way they were programmed to --- by market forces and a weak, greedy government.
              • by shma (863063) on Wednesday January 31 2007, @12:00AM (#17824212)
                Yeah, sorry, the market was ruined by the consumers, not the producers.

                Yeah, and when a scientific theory doesn't match experiment, it's not the theory that's failed, it's the universe's fault.

                Look, what use is a theory if it doesn't match the real world? Free market capitalism's desirable results come from specific predictions about how consumers behave. And if those predictions doesn't match up with how consumers really behave, then the theory has little or no use. A good economic theory shouldn't make demands on how we spend out money, it should take that as a given and develop the rest accordingly.

                After all, the economy exists to benefit US, not the corporations. Corporations are just a tool that are supposedly designed to maximize useful economic output.
          • Re: (Score:3, Insightful)

            The thing is, it won't necessarily be your local cable company that is forcing the charge. What if it's your peering points? What if it's the local government that gets greedy? What if it's the FCC? Or a "tax" on pornographic websites to help cover "filtering costs"?

            As well as the "entire Internet" will attract customers, you could have 100,000 local customers but if you can't get anyone to peer with you, you basically have a city-wide Intranet.

            I'm not saying those would happen or even could happen, but a n
          • In reality, both the DSL and Cable company will adopt the same behavior because they stand to get more money extorting content providers than they stand to get from winning one another's subscribers over.

            Plus they are gambling on consumer apathy, as in if Youtube is slow because they're not paying the extortion fee, the customer doesn't know that Youtube is slow because it's de-prioritized, so the consumer just forgets Youtube and moves on. You know what's happening to Youtube but no one wants to hear your
          • Let's say one area has both DSL and Cable IP as choices for high speed internet access.

            I have a lot more faith in the invisible hand of the free market than I do in corrupt politicians whose hands are dirty from counting bribe money.

            There is no free market when it comes to internet access. The cable and DSL companies have their lines and equipment strung all over public and private property which is all made possible through government granted rights-of-way.

  • Those damn Republicans will be trying to kill off our Internet Freedom again.

    .
    .
    .
    .
    Oh, wait a minute....
  • I say.. Go Dorgan! I'm impressed that we have a representative in Congress that knocks back the backwoods sterotypes. I'm not kidding-- Fiber-to-the-home is already offered by the phone co-op in Rugby. Compare that to the constant delays at the big telcos.
    • by icebike (68054) on Tuesday January 30 2007, @08:49PM (#17822756)
      I don't think you read very carefully:

      From TFA:

      "The prioritization of types of content, applications, or services would be allowed under the condition that it is done free of charge, and that it is done for all types of that particular content. For example, the prioritization of packets to insure Quality of Service for Voice over IP must be done for all VoIP providers free of charge to them."

      Now since virtually every telco is also an IP carrier you can kiss skype goodby. Anything that competes with POTS is likely to be degraded to death.

      • by Firehed (942385) on Tuesday January 30 2007, @09:43PM (#17823172) Homepage
        Sounds like that says that if an ISP who's also dealing in VOIP wants to prioritize their VOIP packets above your bit-torrent and whatnot, they're free to do so provided that Skype, Vonage, etc get that same prioritization.

        Although it sounds like you're coming from the other side of things - those ISPs who don't have VOIP services are going to send them to the bottom of the stack. Still, I take some comfort in knowing that they're going to have to either screw themselves or help their competitors (or, rather, not abuse their position of power and screw their competitors while helping themselves) whenever there's some new market that they want to enter. I see no reason to be racist towards bits, but then again I think I'd put up with slightly slower pira^H^H^H^H Linux .iso downloads in order to have all of my VOIP calls not make that horrible "your upload sucks right now" screeching noise.
  • Hopefully... (Score:5, Insightful)

    by Watson Ladd (955755) on Tuesday January 30 2007, @08:34PM (#17822642)
    the bill survives committee intact. Do not contact your Representative or Senator to ask them to support the bill until after it makes it through committee! Otherwise you could be supporting a bill that's completely different from what you think it is.
    • Oh c'mon. You must be forgetting the Dems are now in control. The days of any legislative shenanigans are over. (removing tongue from cheek)
  • by s388 (910768) on Tuesday January 30 2007, @08:40PM (#17822678)
    "Internet Freedom Preservation Act"

    It's funny. In this day and age I hear a bill title like that and I automatically assume it's some tyrannical euphemistic horror-show and that I should immediately call my representatives and insist they opppose it.

    Incidentally this bill really is evil, because apparently all consumers and businesses currently use tremendous bandwidth without paying for it! I for one think it's about time the internet service providers were paid a monthly bill for the courtesies they provide!
  • by QuantumG (50515) * <qg@biodome.org> on Tuesday January 30 2007, @08:41PM (#17822684) Homepage Journal
    here's how I see it...

    My friend sends me a link to a clip on Google Video.
    I go to the link, get my clip and laugh at the money drinkin' its own urine, or whatever.
    Google gets a bill from my Internet service provider for bandwidth usage.
    Google rips up the bill and tells my ISP to go fuck themselves.
    My ISP reduces the available bandwidth to connections to Google's ip range.

    Great, so then what happens?

    My friend sends me another link to a clip on Google Video.
    I go to the link and discover that the clip is too slow (or completely blocked).
    I moan to my ISP that I can't play these important movie clips from Google Video.
    My ISP tells me that I can't play them because Google hasn't paid their bandwidth charges.
    I tell my ISP to go fuck themselves and switch to a provider that honours net neutrality.
    Everyone else does this too because we really like Google Video.

    And there goes the backhanded stupidity caused by ISPs temporarily forgetting that we, the consumers, control exactly how much money they make.
    • Re: (Score:2, Insightful)

      And what happens if all the ISPs make a deal that they will all refuse to honor net neutrality? Because that's what would happen- they'd all make a deal behind the scenes. That's what happens today- corporations ganging up to rape the consumer.
      • Re: (Score:3, Insightful)

        If that happens, we've got a lot bigger problems than net neutrality.
        • I'm curious- why do you think basically every Internet service costs about the same?
          • by QuantumG (50515) * <qg@biodome.org> on Tuesday January 30 2007, @09:08PM (#17822904) Homepage Journal
            Maybe they do where you live, but most parts of the world, they have these laws that prevent price fixing, and companies actually compete for the customer's business. Of course, if you have any evidence of price fixing, maybe you shouldn't be talking to me, maybe you should be talking to a lawyer, cause you could have some sweet class action lawsuit payout coming. But I think you don't.

            Similarly, if you're so sure that ISPs are price fixing, in clear violation of the law, then why bother supporting a new law? Won't they just break that one too?
        • Ya know what you should do about that? Start your own. And don't give me any of this shit about having to lay cables or whatever, get your local government to declare that the current provider must open their infrastructure so you can compete with them. This is what happened in Australia and we have a thriving broadband market.

          It seems to strange to me that the US has become the land of the monopolies and very few people stand up and declare that it aint right.
    • Google is already paying for the bandwidth they use.

      Why should they pay twice?

      Not to mention that such an arrangement would freeze
      out smaller businesses that cannot afford the
      bandwidth pirate fees. And note that the unpredicablity
      of such fees will make that especially troublesome
      for a small business.

      If the ISPs and Telcos cant make ends meet on what
      they charge, then there is an easy, direct, non-extortionate
      solution to that problem.

      Another post in reply to yours has covered the concept
      that companies can an
    • They will just ALL start charging server rates for all uploads. Since 1/3 of all traffic is pirated^H^H^H^H^H^H^H BitTorrent which means upload, and a tiny tiny fraction is Google, the ISP's win.

      (why they haven't already attempted to solve the piracy problem this way I have no idea)
    • I live in a major city, and have only one option for bandwidth (besides dialup): Comcast. Or somebody else, Earthlink or something, that also goes through Comcast (when I used them, I still had to call Comcast for my tech support). I can't use DSL, my building doesn't support it. Actually, despite living in a number of large urban/suburban areas, I have never yet lived in a single place where I had the option of DSL, or more than one cable network.

      I see some variant of your post almost every time net neut

      • I'd respond to your points, but you're so ill-mannered that to do so would be just encouraging more of your kind.
      • If you happen to be in that situation, I have one suggestion for you: get out now. No matter what you are paying, it is guarenteed to be too much. No competition, no chance you're getting a good deal.
  • Obviously YouTube has a lot to lose if Net Neutrality is not preserved and if teclos start treating consumer's bandwidth in a fashion unfavorable towards the site. You can see videos of Senator Kennedy (D-Massachusetts) and Senator Dorgan (D-North Dakota) appealing to the YouTube community for support regarding Net Neutrality here:

    Kennedy's video [youtube.com] (3 min, 22 sec)
    Dorgan's video [youtube.com] (1 min, 48 sec)
  • Dangerous (Score:4, Insightful)

    by Dunbal (464142) on Tuesday January 30 2007, @08:48PM (#17822752)
    You know, I am seeing this practice more and more often in many countries throughout the world. Some bill or act is shot down. A few years later when the balance of power shifts slightly, some trivial modifications are made to the content of the bill, and it is resubmitted.

          I think this is a dangerous practice. Yes it is a reasonable strategy for a party or special interest group - because if they are persistent enough the bill might just pass. However it is dangerous for the rest of us - since once this bill passes - even if it is merely through insistance and momentum, we are stuck with it. It is much harder to get a law repealed than to get one approved. So we end up with laws that got approved through sheer bloody-mindedness, and are stuck with them because no one dares repeal it. I mean, if it is a law - it must be right, right? People must have agreed with it, right?

          Sigh, another pebble is eroded off of the cliff of democracy...
    • Re:Dangerous (Score:5, Insightful)

      by TheSuperlative (897959) on Tuesday January 30 2007, @09:17PM (#17822976)
      How is this eroding democracy? That is democracy.

      Under your ideal government, reform would be impossible, since one could only pass things by consensus - and anything that could not pass a few years earlier would be considered bad.

      Change happens in a democracy. We vote in new leaders precisely for the reason that we want them to pass the things that the old ones wouldn't.
  • I am concerned about net neutrality. Quality VoIP and video conferencing requires low latency, and thats not typically available on the public internet. Paying extra for a low latency pipe seems valid to me. My understanding is that net neutrality would prevent this intelligent discrimination. No doubt, any slack in disciminating between users will be immediately exploited in terrible corporate ways, but principally i cant see how anyone could support enforcing a lowest common denominator upon everyone.
    • You pay extra for broadband instead of dialup, don't you? That's your low-latency pipe. There's a difference.
    • Re: (Score:3, Interesting)

      Paying extra for a low latency pipe seems valid to me. My understanding is that net neutrality would prevent this intelligent discrimination.

      You want band width, you pay for band width. But don't come telling me my use of the bandwidth I pay for is somehow less important than yours and therefore I can't watch baseball or view youtube so you and your suits can crack wise across the continent.

      principally i cant see how anyone could support enforcing a lowest common denominator upon everyone.

      How is it that
  • I am personaly against the current form of net neutrality. I think that government intervetion is almost always bad. The ONLY regulations that should be passed:

    1. All backbone providers must allow other providers to connect to them on a naked pipe
    2. All providers must use standard protocols
    3. Providers may only throttle data/bandwidth based on protocol, not orgin/destination

    I believe anything more is harmful to the free market.
  • by volkris (694) <volkris@gmail.com> on Tuesday January 30 2007, @09:30PM (#17823082)
    I think this Network Neutrality debate is a bit misfocused. If we want to ensure the ability of people to speak their minds on the Internet we would do better to attack the near-universal practice of ISPs blocking ports and restricting the use of home servers.

    THAT is where the free speech comes from: the people. The NN debate seems to be rather focused on the ability to choose between large companies that want to profit through our expression. Even though there may be more options it still represents a consolidation of content. If we want information we must get it from these providers; if we want to share it we must share it through the providers. As a group they become the gatekeepers.

    It doesn't have to be this way. If more ISPs would let us use even our measly aDSL uplinks (that we pay for) to legally serve our own content, people would be able to self-publish in all sorts of new ways. Once we can participate directly in the internet without the middleman of some company with servers we'll unleash an amazing amount of potential and innovation.

    Software would be created to deal with the technical challenges that would arise, perhaps with legitimate P2P providing interesting solutions to some of these problems. Network-centric computing would get a huge boost too. In any case, that small change in SOP has the potential to really change the way people view and use the Internet.

    Network Neutrality proponents love to talk about a level playing field... lets level the playing field between the consumers and the providers as a whole.
    • I think this is a very informed post, and I'm glad you bring up how ISPs restrict users from using their own web servers. As far as I can tell, I pay for the ability to send and receive packets. It shouldn't matter what application sends the packets. In this respect, I am no different from Google, who also pays to send and receive packets. As long as the user fees are enough to cover the cost of operating, maintaining, and improving fiber, routers, etc. then I see no reason why they should charge anyone mor
    • Well, I suppose it was because the Republicans controlled Congress, so all the money from the Telcos was being used to buy them off. Let's wait and see. I have no doubt that the Democrats will be receiving nice big fat checks, whores, dinners, golf club memberships and the like from the Telcos. Heck, I'm sure the Telcos will happily draft the legislation that puts the nails in the coffin of net neutrality, just like the record and movie industries did to limited copyrights and fair use.

      After all, America
    • Re:Why the split? (Score:5, Informative)

      by Ironsides (739422) on Tuesday January 30 2007, @08:56PM (#17822822) Homepage Journal
      but is this part of either party's official ideology or agenda?

      Think about it this way. This bill is a proposal to regulate the internet itself. Specifically, to regulate how an ISP and network backbone company can allocate bandwidth.

      Republicans: Regulation mostly bad.
      Democrats: Regulation mostly good.

      Capiche?
    • by Duhavid (677874) on Tuesday January 30 2007, @09:23PM (#17823030)
      My recollection differs from yours.

      The bill came up after the head of ATT complained
      about how "google was using his 'pipes' for free".

      And how he wanted to correct that, so that google
      was paying him.

      Never mind that google paid their ISP, and their
      ISP and ATT ( if they are not the same, I presume
      not, or he would not have cause to complain
      ( course, I am stupid, he doesnt have cause to
          complain then, but still he did ) ) have either
      a peering arrangement or a cash arrangement to
      carry each other's traffic ( you know, the
      arrangements that make the interconnects between
      each telco/isp's networks worth much of anything
      in the first place... )

      But, yes, the Democrats backed the bill.
      • Re: (Score:3, Informative)

        This is my recollection as well. I also recall that after the bill was proposed, the big cable/telcos started running counter-factual advertisements in TV and newspapers, essentially saying "Google wants to raise your Internet bill! Stop them!" -- which even those who oppose net neutrality ought to agree is not really correct. But this widespread dishonest behavior does suggest that, even if the major bandwidth providers had not yet started the tiered bandwidth charges the bill was meant to prevent, they st