The neutering of the Net: what the FCC ruling means

Dan Gillmor’s not impressed by the FCC’s pusillanimity. Neither am I.

The neutering of the Internet is now the unofficial policy of the Federal Communications Commission. Contrary to the happy talk from FCC Chairman Julius Genachowski at a rule-making announcement today in Washington, the move is well underway to turn the Internet into a regulated playground for corporate giants.

Dan writes that:

Tuesday’s FCC vote on rules purportedly designed to ensure open and free networks was a 3-2 partisan charade, with Genachowski and the other two Democratic commissioners in favor and the two Republicans against. It did nothing of the sort. The short-term result will be confusion and jockeying for position. Genachowski’s claim that the rules bring “a level of certainty” to the landscape was laughable unless he was talking about lobbyists and lawyers; their futures are certainly looking prosperous. The longer-range result will be to solidify the power of the incumbent powerhouses — especially telecommunications providers and the entertainment industry — to take much more control over what we do online.

As I understand it (from the Wired report), the Commission has approved ‘compromise’ net neutrality rules that would forbid the nation’s largest cable and DSL internet service providers from blocking or slowing online services, while leaving wireless companies with much more latitude.

In other words, the Commission is imposing neutrality on the past (the old world of wired, cable connections) while leaving the wireless future open for all kinds of anti-competitive behaviour by corporations.

Net Neutrality is a concept like ‘transparency’ — something that most people are vaguely in favour of without realising what it really means. One consequence of this is that they are not motivated to defend it when it’s threatened: it’s hard to fight for something that you only vaguely understand. And yet, in principle, it’s not that complicated. Dan Gillmor articulates net neutrality as “the notion that end users (you and me) should decide what content and services we want without interference from the ISPs”. In other words, they provide the pipes (for which they get paid) and leave us free to choose what we want to pull down through them.

Neutrality is important because it’s the reason why the Internet has been such an enabler of innovation up to now. If you have a good idea and it can be realised with data-packets, then the Net will do it for you, no questions asked. But for that to work, all packets have to be treated as equals, unless there’s a good technical reason not to do so. What mustn’t happen is that some packets get preferential treatment simply because the outfit that creates them pays the provider of the pipes an extra fee because then the barrier to entry suddenly becomes a lot higher and disruptive innovation gets choked off. Which of course is exactly what the big multimedia companies and Telcos want to happen.

Given that in the future people will increasingly get their Internet connections wirelessly rather than through land-based connections, relaxing the rules for neutrality in the wireless arena is really worrying — as Tim Wu explained in this terrific interview that I blogged a few weeks ago.

Tim’s new book — The Master Switch: The Rise and Fall of Information Empires — provides the sombre context for all this. In it, he looks back at the history of information industries and concludes that they all go through a cycle (what he calls “The Cycle”) in which they start open and wind up closed. “History shows”, he writes,

a typical progression of information technologies: from somebody’s hobby to somebody’s industry; from jury-rigged contraption to slick production marvel; from a freely-accessible channel to one strictly controlled by a single corporation or cartel — from open to closed system.

Wu argues that this historical cycle is not just an academic concern. For if the Cycle is

not merely a pattern but an inevitability, the fact that the Internet, more than any technological wonder before it, has truly become the fabric of our lives means we are sooner or later in for a very jarring turn of history’s wheel. Though it’s a cliche to say so, we do have have an information-based economy and society. Our past is one of far less reliance on information than we experience today, and that lesser reliance was served by several information industries at once. Our future, however, is almost certain to be an intensification of our present reality: greater and greater information dependence in every matter of life and work, and all that needed information increasingly traveling a single network we call the Internet. If the Internet, whose present openness has become a way of life, should prove as much subject to the Cycle as every other information network before it, the practical consequences will be staggering. And already there are signs that the good old days of a completely open network are ending.

Spot on. Today’s FCC ruling represents a significant step down that road.

Wot — no ‘personals’?

Here’s an example of an organisation ignoring the ancient rule that if something isn’t broken then don’t fix it. It seems that the London Review of Books, to which I am a devout subscriber, is dropping its personal ads. John Sutherland is not impressed.

High seriousness is due to get higher. The editor of the London Review of Books, Mary-Kay Wilmers, has decided to drop the paper’s ‘personals’. For 10 years now these cheeky afterwords have raised naughtiness to new levels of wit. Even highbrows, they reminded us, have low desires; the difference is, the highbrows do it cleverer.

The LRB personals will be sorely missed. I think fondly of those days, in 2002, when I was stalked personally in the personals by such ads as: “Mr Loverman. Shabba Ranks of the English concourse. Terry Eagleton is my gold tooth – John Sutherland is my Spandex pants. Come join me in my Essex ghetto for hot nights of suburban lurve . . . Bitchin.”Blissful times for “sixtysomethingpointyheadedprof”.

Hmmm… Does this have anything to do with the publication of David Rose’s book, I wonder?

iCannibal, you laptop

From John Paczkowski | Digital Daily | AllThingsD.

During its last earnings call, Apple noted that over 65 percent of the Fortune 100 have deployed or are piloting the iPad. With that in mind, some analysts have begun reasses the cannibalization rate of tablets on the notebook industry and the number that Goldman Sachs analyst Bill Shope has come up with is pretty interesting.

He figures tablet unit shipments will jump 54.7 million in 2011 with 35 percent PC unit cannibalization and to 79.2 million in 2012 with 33 percent cannibalization. Overall, he expects 19.1 million notebook units to be lost to tablets in 2011 and 26.1 million to be lost in 2012.

That squares not just with my own experience, but that of many other iPad users I’ve spoken to. They’re using their laptops less. And I hear that some companies (e.g. big law firms) are buying iPads in lots of several hundred at a time.

“Net neutrality” — now that would be a good idea.

Dave Winer’s post about Net Neutrality reminded me of the story about Mahatma Gandhi arriving at Tilbury Docks in London and being asked by a reporter what he thought of Western Civilisation. “Ah”, said the Mahatma, thoughtfully. “Western civilisation — now that would be a good idea.”

The idea is that the transport layer, operated by telephone companies and cable companies, must transport all bits across their lines at the same rate and cost. Nice idea, but it’s hypocritical to demand that of their vendors when they don’t provide it to their users. For some reason they are never called on this hypocrisy by the tech press.

At the PDFleaks conference in NYC last Saturday I said that after Amazon booted WikiLeaks from EC2 that signaled very clearly that there is no such thing as net neutrality. Here’s a service provider, very analogous to Comcast and Verizon, that decided it wasn’t in its economic interest to carry a user’s bits. It wasn’t just about the level or cost of the service, they cut them off totally. Without adequate explanation of why. Saying they were doing something illegal is no explanation at all. That’s not for Amazon to decide, that’s for the courts. Due process is required to prove that something illegal is happening. And many legal experts believe that there’s nothing illegal about WikiLeaks.

Yep. That’s why one of the long-term implications of the WikiLeaks row will be a re-evaluation of the value and risks of cloud computing.

Biden loses it

I blogged yesterday about the contradictory hysteria implicit in the Obama Administration’s reaction to WikiLeaks. But it turns out that Vice-President Biden’s remarks on Meet the Press were even more absurd than we had been led to believe.

The US vice-president, Joe Biden, today likened the WikiLeaks founder Julian Assange to a “high-tech terrorist”, the strongest criticism yet from the Obama administration.

Biden claimed that Assange has put lives at risk and made it more difficult for the US to conduct its business around the world.

His description of Assange shows a level of irritation that contrasts with more sanguine comments from other senior figures in the White House, who said the leak of diplomatic cables has not done serious damage.

Interviewed on NBC’s Meet the Press, Biden was asked if the administration could prevent further leaks, as Assange warned last week. “We are looking at that right now. The justice department is taking a look at that,” Biden said, without elaborating.

It’s interesting, also, to see how Obama has been keeping out of this — so far, anyway. But if he thinks that the muck raked by Biden won’t stick to him, he’s wrong.

Quote of the Day

You know those state occasions when important people feel they must impose a minutes silence on everyone? Do they realize this is a copyright infringement of the first 60 seconds of John Cage’s 4’33”? I think this should be enforced, along with Happy Birthday, and other mickey mouse intellectual property.

Jon Crowcroft