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[ NNSquad ] Re: Network Neutrality, Non-Discrimination Rules and Quality of Service


It's interesting how Neelie Kroes -- who a year ago sponsored that
BEREC report Barbara refers to
(http://europa.eu/rapid/pressReleasesAction.do?reference=IP/11/486) --
seems almost to treat net neutrality as if it were a premium service
in her recent announcement of their conclusions, here:
http://blogs.ec.europa.eu/neelie-kroes/netneutrality/

Simply distinguishing a channel that has a certain capacity and has no
shaping of traffic, from other types of service, does more than
allowing application agnostic shaping does.

Allowing application-agnostic shaping does allow the network providers
to misrepresent congestion: "Why are you throttling people
application-agnostically?"  "Couldn't say, but maybe -- just
speculating here -- it's because they use that despicable Bittorrent
app."  If they are shaping, even application-agnostically, they are
interfering with the capacity they supposedly have sold to their
subscribers.

A distinction allows us to even track at all when shaping has an
impact on the general purpose platform.  If we specify that
application-agnostic shaping is in a separate service, then we can
keep track, but then again, why bother making it application agnostic
if it's a separate service?

This is one way in which the GOOG-VZN proposal actually moved us
forward -- because it did draw the distinction between Internet and
other "specialized" services.

The risk here is for enabling exactly the framing we see Kroes
presenting in relation to the BEREC study: a rationalizing of either
1) a supposed need to shape Internet traffic on a channel where
different kinds of service may impact each other, or 2) a
misrepresentation of congestion as being caused by certain apps --
even if the provider cannot shape traffic based on apps.

This commentary is just based on reading the quick summary of
Barbara's proposition, so there might be some chance I'm off the mark
here, but my critique does seem to apply just based on the way
Barbara's thrust seems directed to some supposed need to do shaping,
application-agnostically, apparently on the same channel.  If that's
not clearly distinguished, so the impact on a general-purpose service
that provides a certain capacity can't be seen clearly, we may just
end up beating a path backwards again to all the old
misrepresentations and disinfo regarding the nature of congestion that
we used to have.  Not that Barbara's in any way aiming at that at all.
 With the right definition, drawing the distinction so it can be
tracked is more the key to the matter -- with that, we know when the
other stuff is detrimental.

(See the Internet Distinction statement on this here:
http://internetdistinction.com/statement/#Inhibiting%20Internet )


Seth

On Wed, Jun 13, 2012 at 3:54 PM, Barbara van Schewick
<schewick@stanford.edu> wrote:
> Dear all,
>
> I just published a white paper titled “Network Neutrality and Quality of
> Service: What a Non-Discrimination Should Look Like” that you may find
> interesting. The paper:
>
> * Provides the first detailed analysis of the Federal Communications
> Commissions’ non-discrimination rule and of its implications for network
> providers’ ability to manage their networks and offer Quality of Service;
>
> * Offers the first in-depth analysis of the relationship between network
> neutrality and Quality of Service; and
>
> * Evaluates existing proposals for non-discrimination rules and proposes a
> non-discrimination rule that policy makers should adopt around the world – a
> rule that the FCC adopted at least in part.
>
> A blog post summarizing the main results of the paper (with links to the
> paper and summaries in pdf and scribd) is available here:
> http://netarchitecture.org/2012/06/network-non-discrimination-and-quality-of-service-2/
>
> The paper is relevant to a number of ongoing policy debates: In the US,
> market participants, observers and, soon, the Open Internet Advisory
> Committee, are trying to understand how the FCC’s Open Internet rules affect
> network providers’ ability to offer Quality of Service. The legal appeal of
> the FCC’s Open Internet Order focuses in part on the substantive merits of
> the rules. Whether the FCC wins or loses that appeal, the question of which,
> if any, network-discriminations require legal action will remain relevant
> for years to come in the U.S. In Europe, the Commission and the member
> states are still exploring which approach to network neutrality they should
> take. As part of these efforts, the group of European Regulators for
> Electronic Communication Networks and Services (BEREC) started a
> consultation in June focused on various aspects of the relationship between
> network neutrality and Quality of Service – the very topics explored in the
> white paper.
>
> Best,
>
> Barbara
>
> ---
>
> Barbara van Schewick
>
> Associate Professor of Law and (by Courtesy) Electrical Engineering
>
> Helen L. Crocker Faculty Scholar
>
> Director, Center for Internet and Society
>
> Stanford Law School
>
>
>
> Author of "Internet Architecture and Innovation," MIT Press 2010
>
> www.netarchitecture.org
>
>
>
> Crown Quadrangle
>
> 559 Nathan Abbott Way
>
> Stanford, CA94305-8610
>
>
>
> Phone:  650-723 8340
>
> E-Mail: schewick@stanford.edu
>
>
>
>
> _______________________________________________
> nnsquad mailing list
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