[HN Gopher] Net neutrality is about more than just blocking and ...
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       Net neutrality is about more than just blocking and throttling
        
       Author : elashri
       Score  : 85 points
       Date   : 2023-11-05 09:34 UTC (13 hours ago)
        
 (HTM) web link (www.brookings.edu)
 (TXT) w3m dump (www.brookings.edu)
        
       | skybrian wrote:
       | Apparently it's also about not having paid prioritization. What
       | else? The article doesn't seem to say.
        
         | lcnPylGDnU4H9OF wrote:
         | The article puts it in plain terms:
         | 
         | > that the nation's most important network has no public
         | interest supervision
        
           | 4RealFreedom wrote:
           | The article mentions supervision once and "blocking,
           | throttling, and paid prioritization" about half a dozen
           | times. Is the idea to just have some bearucracy around ISPs,
           | then? It really isn't clear what the point is.
        
           | skybrian wrote:
           | That's abstract jargon I'm not familiar with. What sort of
           | changes might an ISP have to make (or be prevented from
           | making) as a result of "public interest supervision?"
        
           | jupp0r wrote:
           | Those are not plain terms to me. Can you describe something
           | that ISPs are doing right now that they couldn't do under
           | "public interest supervision"?
        
           | onionisafruit wrote:
           | In general terms I'm in favor of public interest supervision
           | where it's needed, but I would also be interested in knowing
           | some details of what that supervision is going to be looking
           | at.
           | 
           | Further down the page he brings up the "just and reasonable"
           | standard from Title II. I want to know what behavior he (or
           | the FCC) would consider unjust or unreasonable that isn't in
           | the realm of blocking or throttling.
        
             | em-bee wrote:
             | this. while i agree with the claim in the article on
             | principle, it left me wanting.
             | 
             |  _It is the conduct of the ISPs that is in question here.
             | Because telephone companies were Title II common carriers,
             | their behavior had to be just and reasonable. Those
             | companies prospered under such responsibilities; as they
             | have morphed into wired and wireless ISPs, there is no
             | reasonable argument why they, as well as their new
             | competitors from the cable companies, should not continue
             | to have public interest obligations._
             | 
             | what were those responsibilities and obligations?
        
       | 1equalsequals1 wrote:
       | Not again...
        
       | Guthur wrote:
       | Wait to we are fighting for net neutrality in the power
       | transmission network.
        
         | onionisafruit wrote:
         | Are you faulting the former FCC chairman for calling the
         | Internet America's most important network when speaking in the
         | context of FCC regulations? Obviously he isn't making a claim
         | that it is more important than power transmission or our
         | transportation networks because those don't exist in the domain
         | being discussed.
        
       | wslh wrote:
       | I wonder why the author doesn't mention robots.txt if you only
       | give "permissions" to be crawled by Google and/or Bing you are
       | part of the problem not leaving space for new search innovations.
        
         | _heimdall wrote:
         | Isn't that just an issue of individual choice though? What's
         | wrong with a site admin deciding how they would like their
         | content to be used?
        
           | wslh wrote:
           | Because search engines were built because they can crawl
           | sites and if there is a monopoly, adhering to robots.txt just
           | support them.
           | 
           | It is important to note that I am not saying that there
           | should be indiscriminate crawling that breaks your site, just
           | saying that robots.txt is not the solution.
        
         | jupp0r wrote:
         | Are there legal obligations to adhere to robots.txt?
        
       | butlerm wrote:
       | Net neutrality is largely about blocking, throttling, and paid
       | prioritization. Treatment of Internet access and transit services
       | under Title II of the Communications Act of 1934 is about much
       | more than that, and potentially dangerously so, because Title II
       | gives the FCC vast powers over telecommunications, and there is a
       | history of a heavy handed regulatory approaches authorized by
       | laws like that making things worse rather than better in many
       | respects, especially cost and flexibility.
        
         | jupp0r wrote:
         | What can be worse than the major ISPs in the US? They offer
         | last decades technology (cable) at extremely high prices
         | (compared to other western countries), have frequent outages,
         | questionable business practices (have you gotten your internet
         | security package surcharge yet?) and generally make you want to
         | move somewhere where Fiber is available. I have no doubt that
         | they would want to make me pay even more money for being able
         | to watch Netflix in 4k (vs their cable TV offering) if they
         | legally could.
        
           | 2devnull wrote:
           | Things can always get worse. In fact, that's often the result
           | when humans try to fix complicated problems.
        
             | jancsika wrote:
             | Things can also stay bad in favor of some
             | companies/organizations' bottom line. In fact, that's the
             | point of FUD.
        
           | JumpCrisscross wrote:
           | > _have no doubt that they would want to make me pay even
           | more money for being able to watch Netflix in 4k (vs their
           | cable TV offering) if they legally could_
           | 
           | They legally could. For years. They didn't.
        
         | csnover wrote:
         | Could you please be more specific which vast powers and heavy
         | handed regulatory approaches you are referring to?
         | 
         | The last two times net neutrality was in the news (during the
         | initial reclassification, and then the repeal), the main claim
         | then was that it would/did reduce investments and innovation,
         | and that was a lie[0][1][2][3]. So, knowing this, what are the
         | actual risks you see today in treating ISPs as common carriers?
         | 
         | [0] https://arstechnica.com/tech-policy/2018/02/sorry-fcc-
         | charte...
         | 
         | [1] https://arstechnica.com/tech-policy/2018/12/attverizon-
         | lobby...
         | 
         | [2] https://www.wired.com/story/the-fcc-says-net-neutrality-
         | crip...
         | 
         | [3] https://www.investopedia.com/insights/does-net-neutrality-
         | st...
        
         | washadjeffmad wrote:
         | Do you think splitting internet services into separate private
         | commercial and public utility markets might decrease costs,
         | improve quality, and expand access?
         | 
         | As an example, as long as a customer has access to a public
         | option for comparable internet service, private companies would
         | be exempt from "net neutrality" regulation and penalties.
        
       | amelius wrote:
       | It's also about the free market, and why sometimes you need
       | regulation.
        
         | drdaeman wrote:
         | I'm of a firm belief that Net Neutrality (for Tier 2 and 3
         | operators) is mostly a US-specific issue that primarily stems
         | from the extra difficulty of running lines (I mean, in addition
         | to normal difficulty) to the customer added by market-
         | disruptive means like lobbying (e.g. exclusivity agreements).
         | That's a bad kind of a free market.
         | 
         | In other words, net neutrality is only a thing because of lack
         | of competition. If all providers are bad, and you can't have or
         | start a good one because of some barriers, then net neutrality
         | becomes a topic. But it's not a solution for the core problem,
         | it's merely a band-aid that tries to ignore the core issue. I'm
         | not against it - it surely works for the interim, but it's
         | important that NN is not in the focus.
         | 
         | I've worked for an ISP in another country, with heavy
         | competition in early '10s, where many households had an option
         | of at least 4+ different providers, and switching was as easy
         | as calling a phone number (no long-term contracts or any BS
         | small print). There and then, ISPs had to tread very carefully
         | to not make their customers unhappy, or they'll start losing
         | them in droves. Rate limiting and blocking was only ever
         | employed to block malware or as emergency measure for network
         | stability issues that would've otherwise caused worse outage.
         | 
         | (Later on, that country became a dictatorship, telecom became
         | heavily regulated, competition had essentially stopped, and now
         | ISPs do all sort of shit because they can or forced to - but
         | that's another story.)
         | 
         | <conspiracy serious="no, but you never know">
         | 
         | It could be that Net Neutrality is a big telco distraction
         | tactic, which they use to simultaneously banter with large
         | services, while shifting public and government focus from stuff
         | they don't want to lose (exclusivity agreements), towards
         | "maybe we won't rate-limit Netflix after all, lol".
         | 
         | </conspiracy>
        
           | michaelmrose wrote:
           | The US is 9,833,520 km2 much of it sparsely populated. Not
           | only is it inherently difficult its impossible to resolve in
           | any reasonable duration of time. If we wanted to drive a bit
           | more competition there was a law many years ago forcing ISP
           | to share their lines with the competition at cost. This is
           | actually practical and able to be implemented in the short
           | term. Another thing we can do is repeal all the local laws
           | restricting municipal broadband.
        
             | robocat wrote:
             | The US is big is such a tired argument.
             | 
             | An individual state can often implement a lot without
             | needing federal law changes.
             | 
             | > sparsely populated
             | 
             | Oregon is about the same size, population and geography as
             | my country New Zealand.
             | 
             | Within a decade New Zealand (poorer country) has managed to
             | roll out fibre to 85% of households using a public-private
             | partnership model. Starlink serves rural areas.
        
       | deepsquirrelnet wrote:
       | > they told me that if the FCC enacted a rule dealing with
       | anything other than "blocking, throttling, and paid
       | prioritization," they would use their authority to make my life
       | uncomfortable. When the FCC enacted a rule creating broad
       | regulatory authority over ISPs, they kept their promise.
       | 
       | This sounds like a problem...
        
       | kyleyeats wrote:
       | At first the government came right out and asked for an internet
       | kill switch. Then they got smart and called it net neutrality.
        
         | malfist wrote:
         | What are you going on about? How is a neutral net an internet
         | kill switch?
        
           | 2devnull wrote:
           | Did you read the brookings essay?
        
             | marcosdumay wrote:
             | There's no mention of a kill switch. Where are you and the
             | OP coming from?
        
           | kyleyeats wrote:
           | If it's not, how would they possibly enforce it?
        
             | malfist wrote:
             | That's an absurd question. Do speed limits on the highway
             | mean there's a kill switch for transportation?
             | 
             | Does having a blade guard on a lawnmower mean there's a
             | kill switch in agriculture?
             | 
             | Does having copywrite length codified in law mean there's a
             | kill switch for books?
        
               | kyleyeats wrote:
               | So what would the mechanism of enforcement be?
        
             | basique wrote:
             | Jail time and fines? I don't get what you're talking about
        
       | LikelyABurner wrote:
       | I thought "finally, maybe someone gets it" and did the
       | unspeakable sin at Hacker News and read the article.
       | 
       | Did they talk about efforts by governments to censor the Internet
       | "for the {children,terrorism,morals}? Nope.
       | 
       | Did they talk about efforts by corporations to control access by
       | adding proprietary DRM layers on top of the open protocols, a la
       | Google WEI? Nope.
       | 
       | Nope, as the article states, "It is the conduct of the ISPs that
       | is in question here".
       | 
       | Just like the last round of "net neutrality", I see Tom Wheeler's
       | lips moving, but I only hear FAANG talking points coming out of
       | his mouth.
        
         | orev wrote:
         | You're falling right into the ISP playbook. ISPs absolutely
         | need far more oversight, due to the fact that they have
         | received billions in public money to subsidize their buildouts,
         | but then complain that they should be able to operate like a
         | private business with only free market competition to guide
         | them.
         | 
         | The first time NN came up, there was a huge whataboutism
         | campaign by them pointing at FAANG to redirect attention to
         | them instead of the monopoly abuses from the ISPs themselves.
         | And the misdirection worked in many case (as evidenced by your
         | comment).
         | 
         | Does FAANG need to be looked at? Yes. But it's not an NN issue,
         | just regular anti-trust. ISPs are at a whole other level that
         | needs regulation. They should not be able to sell all my DNS
         | queries, monitor all my traffic, scan my internal network from
         | their modems, or give zero ratings to their own bundled
         | streaming apps. All of that is related to the fact that they
         | are the sole available option for Internet service in almost
         | all markets.
        
           | JumpCrisscross wrote:
           | > _[ISPs] should not be able to sell all my DNS queries,
           | monitor all my traffic, scan my internal network from their
           | modems, or give zero ratings to their own bundled streaming
           | apps_
           | 
           | Only the last is relevant to net neutrality. From what I can
           | tell, it's not an issue--streaming is competitive.
           | 
           | Debating net neutrality seems a convenient way to avoid
           | scrutinising the pricing and privacy problems at ISPs. In
           | that sense, it seems more profitable--for the ISPs--to centre
           | the debate around net neutrality versus their actual profit
           | centres.
           | 
           | In summary, I'd much prefer an ISP customer bill of rights,
           | and release of exclusivities granted to ISPs that didn't meet
           | their ends of the bargains, than this seemingly-performative
           | debate about net neutrality, which is largely about
           | increasing the scope of the FCC's portfolio than doing
           | anything meaningful for ordinary Americans.
        
             | michaelmrose wrote:
             | It's not clear that network neutrality wouldn't be much
             | more of an issue if government and citizens hadn't shown
             | some degree of will to protect it in name or nature since
             | the inception of the internet. The counterargument sounds a
             | bit like a diabetic dismissing the importance of insulin.
             | 
             | > I'd much prefer an ISP customer bill of rights
             | 
             | This relies on a wholly imaginary choice between net
             | neutrality and the the rights you would prefer. It's not
             | dissimilar to the argument that is made in response to gun
             | violence for instance. For instance "I'd much prefer we
             | focused on the root cause of mental health than potentially
             | infringing on the rights of honest gun owners."
             | 
             | In fact mental health is an important issue but there is no
             | particular reason to believe that a government with a
             | budget in the trillions can't do you know TWO THINGS.
        
               | JumpCrisscross wrote:
               | > _relies on a wholly imaginary choice between net
               | neutrality and the the rights you would prefer_
               | 
               | This isn't how politics works. Crowding out an issue with
               | a filibuster is a valid political tactic. Net neutrality
               | seems, to me, like that when it comes to ISP regulation.
        
               | michaelmrose wrote:
               | This is how politics works. We have a maximum of 535 law
               | makers with out 18,000 staffers. The reason there is
               | constant discussion about net neutrality is because it is
               | real and actual. There is no connection whatsoever
               | abandoning the actuality of net neutrality and the
               | fanciful notions you imagine would be virtuous. There is
               | no reason to imagine your ideas are ever liable to be
               | made real even if useful.
               | 
               | Abandoning the actual for the fanciful nets us only a
               | loss of both.
        
       | exabrial wrote:
       | That's correct. Net Neutrality is above solving a problem that
       | doesn't actually exist, even after 12 years and cementing
       | existing internet providers into place by making sure regulations
       | are too costly to allow innovative players into the provider
       | space.
        
         | malfist wrote:
         | This is a gish gallop of a response.
         | 
         | Net hasn't been neutral for a lot less than 12 years.
         | 
         | California's law prevented the worst harms of un neutral net.
         | 
         | This regulation has not anticompetitive costs. In fact, it
         | forces a level playing field so monopolies can't prevent
         | competition.
         | 
         | The problem does exist. Look no further than your cellphone
         | plan.
        
       | charcircuit wrote:
       | The blocking / throttling is the most important part because of
       | the lack of competition. A server can burn through available ISPs
       | if they don't like your site for whatever reasons. If a client's
       | ISP doesn't like your site they can block it and prevent them
       | from connecting. There are many clients who may only have 1 or 2
       | options for an ISP and switching over a single blocked site is
       | not a big enough reason to switch. In cases like this I just use
       | Tor and hope the exit node has an ISP that doesn't block the
       | site.
       | 
       | Allowing ISPs to all have their own standards on who they block
       | can be frustrating for both end users and site operators.
        
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