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[ NNSquad ] Re: FCC paths to Internet network management? (from IP)


The following is my personal opinion, not a statement on behalf
of NNSquad.

At the risk of sounding a bit like Bob Frankston, I don't accept the
premise that ISPs have any intrinsic right to monitor my
applications and micromanage my use of the Internet, beyond flow
control as necessary to keep their networks healthy.  Even the fact
that a user is choosing to run application A or application B can be
viewed as an element of content that should be none of the ISPs'
business.

Even if users choose to run 24/7 VPNs, with all applications layered
within those encrypted channels, ISPs' main concerns should be that
those subscribers' bandwidth usage stays within their contractual
limits and that their overall throughput is managed to the extent
necessary to avoid unfair impacts on other subscribers or the network
itself.

This implies that any subscriber should be able to run servers if
they wish.  If a subscriber were determined to be engaging in
illegal activities or actions that were disrupting other users (e.g.
spam), they would be subject to appropriate actions, of course, but
it's inappropriate to treat subscribers as if they were
untrustworthy crooks on an a priori basis.  

"Disrupting other users" by this definition doesn't include the
simple running of protocols that make heavy use of subscribed
circuits.  If ISPs have a problem with user throughput, they should
be able to throttle the speed (not block!) as necessary.  But such
throttling rules should be spelled out clearly, so that when a person
pays for a circuit of a specific advertised "up to this speed," they 
have some clue as to what they're actually paying for.

This all doesn't address the problem of how to avoid ISPs managing
bandwidth in ways that favor their own entertainment and related
delivery systems over outside services, but that's another story.

--Lauren--
NNSquad Moderator

 - - -

> At 10:48 PM 2/28/2008, Lauren Weinstein wrote:
>  
> 
> >Brett Glass says: "Sixth, there should be no obfuscation of P2P."
> >
> >Bzzzz!  Sorry, no can do, at least if we're talking about some sort
> >of enforced ban.  I'm personally not a user of P2P currently, but I
> >reserve the right to encrypt any or all of my Internet traffic for
> >security and privacy purposes as I see fit, and most security
> >consultants worth their salt recommend encrypting as much as
> >possible, given the nature of the Internet today.
> 
> Encrypt the content if you will, but if you try to obfuscate the
> fact that you are DOING P2P, in violation of a contract you made
> with your ISP, you are being dishonest. And if you announce from
> the start your intent to be dishonest, then there can never be
> a truce, much less a mutually beneficial agreement. And you will
> be exactly the kind of customer whom we will be glad to send
> packing. We like doing business honestly, with honest people.
> 
> --Brett Glass
>