« Question the Nominee |
Main
| Things to Keep an Eye On »
August 2, 2005
Battle Brewing Over Network Neutrality
Posted by
Susan Crawford provides a short history of "acrimonious acronyms" in the copyfight -- bad laws like the notorious "Hollings bill" (or CBDTPA) -- and proposes adding another to the list: the "Broadband Investment and Consumer Choice Act" (or BICCA):
Indirectly, [BICCA] aims to do the same thing that SSSCA, CBDTPA, and the [Broadcast Flag] tried to do. ...The whole point of BICCA is that it dismantles any interconnection obligations for broadband providers. These obligations go upwards -- so there's no requirement to allow all applications or content to be permitted or carried on the network. And they also go downwards -- so there's no requirement to allow all user devices to be attached to the network.
Unauthorized devices (such as untrustworthy PCs) would quickly become very unattractive to users. What's the point of owning something that isn't authorized to connect to any broadband network?
The missing link here is, of course, the incentive of the broadband providers to allow only authorized devices to connect to their networks. Why would they want to frustrate their customers? Well, if the only way they can get access to really great big media content (the kind of thing they think consumers really want) is to make deals with content companies to have "mini-Hollings" terms of service, I bet they'd do it. And law enforcement would like to have a regime of locatable, authorized devices in place as well. Gradually, incrementally, the world of "authorized devices" might narrow.
Public Knowledge has been taking the initiative, post-
Brand X, on getting people up-to-speed on why they should support network neutrality. For much more on the issues at stake, check out PK's
Broadband Policy page.
Comments (2)
+ TrackBacks (0) | Category: Laws and Regulations
- RELATED ENTRIES
- Apple Jumps Into iBooks - With Hobnailed Boots
- On the Dissent in Golan v Holder
- Jonathan Coulton on Megaupload/Piracy
- Stallman on E-Book Evils & Privacy
- Admin Update
- Joe Konrath Claims USD 100,000 E-book Profits in Jan
- Nate Anderson vs the MPAA
- SF vs SF Ideas
1. Crosbie Fitch on August 3, 2005 12:37 PM writes...
Let us simply divide ISPs into two groups: those who permit porn and those who commit commercial suicide.
Whilst the totalitarian big brothers would BOTH sanitise and commercialise networks, then they will not succeed.
Citizens may well vote for 'family values', but that's not what they spend their money on.
An interesting duality that will no doubt cause endless confusion in the future.
Permalink to Comment2. Alexander Wehr on August 7, 2005 5:32 PM writes...
according to some people's analysis over at slashdot, the recent reclassification of DSL as an "information service" may mean this battle is already over, and BICCA is irrelevant.
I'm interested in analysis along these lines, but the reasoning of reply posts seems logical.
Because DSL is no longer considered "telecommunications":
-laws and practices which prevent censorship no longer apply.
-laws regarding privacy no longer apply
-isp's are now much more liable for the content which appears on their network (a possible erosion of the ISP safe harbor?)
the letter of the law in several areas would need to be scrutinized, but I think this "reclassificiation" does something close to (of not exactly) what BICCA would have done, if not more.
Permalink to Comment