Thursday, March 3, 2011

Network Neutrality & Congress - Status

Congress has delayed a vote that would void the FCC's current Network Neutrality rules.
So what's Network Neutrality and why would Congress try to circumvent the FCC?

Well, Network Neutrality is one of those nice-sounding buzzwords that gets applied to a range of concepts, some with little or no real relation to either networks or neutrality.  In the current focus, it's all about whether ISPs and the people running the actual Internet infrastructure, can differentiate among users and uses, particularly with different pricing schemes.  To those pushing the policy, it's spun as keeping the Internet open and free (or at least at flat-rate pricing).  They proclaim that without Network Neutrality, you'll have a two-tier (or more) system where all the good stuff is only available at a premium.  The net industry, though, sees that the Net, with ever-increasing demand for bandwidth, is approaching capacity, and that in many cases, only a few users dominate data flows on the net (for example, Netflix accounts for 25% of all US Internet usage during evenings - alternatively, think about someone who's constantly downloading video on a shared system and slowing things for other users). The ISPs and backbone folks want to be able to either limit usage, or charge high-users more.  Another idea that's been floated as the network nears capacity, is to have a class of transmission that has priority, or guarantees a bandwidth (for example, to guarantee a data rate that would stream HD programming in real time).
While both sides have their preferred metaphors, I like comparing this to mail - You have a basic system at one set price, but you can pay a little more for faster delivery or a variety of service guarantees.

The real problem, though, is not the contrasting ideas or metaphors, but with the FCC's proposed rules - which mainly limit ISP and network operator's ability to control use and prices.  Data usage on the Internet doubles every few months, so there is a constant need for upgrades, and occasionally a need to limit usage at points between upgrades.  The FCC's rules limit systems ability to upgrade (and one study suggests will result in a loss of 700,000 jobs and a decline in service). 
More importantly, this is the FCC's second set of Network Neutrality rules - the first was struck down by the Federal Courts on the argument that the FCC did not have the authority to impose that particular set of rules.  Then Congress got into the act, with a majority of both Senators and Representatives signing onto a letter basically telling the FCC to knock it off.  So does the FCC obey the Courts and the will of Congress? No - they basically reissue the rules that have already been declared void by both the Court and Congress (and without going through the mandated regulatory process this go-around, to boot).  So don't expect this set of rules to last too long either.

Now, there are good arguments on both sides, for a number of issues under the "Network Neutrality" concept.  But, as with several other actions this government is taking with regard to the Internet - this action is not good for the Net or for users in the long run, although it may make some people feel good about doing something, at least until the real impacts are felt.

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