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I pretty much totally agree.

The triumverate of Internet rules we need are:

* Net Neutrality (either by forcing line-sharing like in the UK, or
through direct regulation of carriers on the basis that they receive a
massive public subsidy in the form of rights-of-way)

* Vuln neutrality: an end to rules like the DMCA (and its global
cousins) that prohibit reporting bugs

* Rule of law: an end to censorship without court orders (DMCA
takedown notices) and without penalty for abuse. Filing a bad-faith
takedown should be criminally punishable as perjury, should be grounds
for dismissal from the bar (if applicable), and should also be grounds
for a civil action with exemplary damages

Additionally, national security agencies' primary role should be the
strengthening of cyber-security: reporting and patching defects in
common OSes and applications, improving cryptographic standards, etc.

Cory

On 05/03/14 03:16, Udhay Shankar N wrote:
> Via Dave Farber's IP list. Ignoring many of the talking points in
> the rant below, the claim I am most interested in is "The internet
> is a utility, just like water and electricity."
> 
> I am really interested in the thoughts of silklisters on this,
> especially folks like Sunil Abraham and Pranesh Prakash, who work
> in the policy area; Cory Doctorow, who ceaselessly educates anyone
> who will listen on these issues; and divers others.
> 
> Udhay
> 
> 
> ---------- Forwarded message ---------- From: *Dewayne Hendricks*
> <dewa...@warpspeed.com> Date: Tuesday, March 4, 2014 Subject:
> [Dewayne-Net] The internet is fucked To: Multiple recipients of
> Dewayne-Net <dewayne-...@warpspeed.com>
> 
> 
> [Note:  This item comes from friend Tim Pozar.  DLH]
> 
> From: Tim Pozar <po...@lns.com> Subject: The internet is fucked 
> Date: March 4, 2014 at 8:13:00 PST To: Dewayne Hendricks
> <dewa...@warpspeed.com>
> 
> POLICY & LAW The internet is fucked By Nilay Patel Feb 25 2014 
> <http://www.theverge.com/2014/2/25/5431382/the-internet-is-fucked>
> 
> Here's a simple truth: the internet has radically changed the
> world. Over the course of the past 20 years, the idea of networking
> all the world's computers has gone from a research science pipe
> dream to a necessary condition of economic and social development,
> from government and university labs to kitchen tables and city
> streets. We are all travelers now, desperate souls searching for a
> signal to connect us all. It is awesome.
> 
> And we're fucking everything up.
> 
> Massive companies like AT&T and Comcast have spent the first two
> months of 2014 boldly announcing plans to close and control the
> internet through additional fees, pay-to-play schemes, and sheer
> brutal size -- all while the legal rules designed to protect
> against these kinds of abuses were struck down in court for
> basically making too much sense. "Broadband providers represent a
> threat to internet openness," concluded Judge David Tatel in 
> Verizon's case against the FCC's Open Internet order, adding that
> the FCC had provided ample evidence of internet companies abusing
> their market power and had made "a rational connection between the
> facts found and the choices made." Verizon argued strenuously, but
> had offered the court "no persuasive reason to question that
> judgement."
> 
> Then Tatel cut the FCC off at the knees for making "a rather
> half-hearted argument" in support of its authority to properly
> police these threats and vacated the rules protecting the open
> internet, surprising observers on both sides of the industry and
> sending new FCC Chairman Tom Wheeler into a tailspin of empty
> promises seemingly designed to disappoint everyone.
> 
> "I expected the anti-blocking rule to be upheld," National Cable
> and Telecommunications Association president and CEO Michael Powell
> told me after the ruling was issued. Powell was chairman of the FCC
> under George W. Bush; he issued the first no-blocking rules. "Judge
> Tatel basically said the Commission didn't argue it properly."
> 
> In the meantime, the companies that control the internet have
> continued down a dark path, free of any oversight or meaningful
> competition to check their behavior. In January, AT&T announced a
> new "sponsored data" plan that would dramatically alter the fierce
> one-click-away competition that's thus far characterized the
> internet. Earlier this month, Comcast announced plans to merge with
> Time Warner Cable, creating an internet service behemoth that will
> serve 40 percent of Americans in 19 of the 20 biggest markets with 
> virtually no rivals.
> 
> And after months of declining Netflix performance on Comcast's
> network, the two companies announced a new "paid peering"
> arrangement on Sunday, which will see Netflix pay Comcast for
> better access to its customers, a capitulation Netflix has been
> trying to avoid for years. Paid peering arrangements are common
> among the network companies that connect the backbones of the
> internet, but consumer companies like Netflix have traditionally
> remained out of the fray -- and since there's no oversight or 
> transparency into the terms of the deal, it's impossible to know
> what kind of precedent it sets. Broadband industry insiders insist
> loudly that the deal is just business as usual, while outside
> observers are full of concerns about the loss of competition and
> the increasing power of consolidated network companies. Either way,
> it's clear that Netflix has decided to take matters -- and costs --
> into its own hands, instead of relying on rational policy to create
> an effective and fair marketplace.
> 
> In a perfect storm of corporate greed and broken government, the
> internet has gone from vibrant center of the new economy to
> burgeoning tool of economic control. Where America once had
> Rockefeller and Carnegie, it now has Comcast's Brian Roberts,
> AT&T's Randall Stephenson, and Verizon's Lowell McAdam, robber
> barons for a new age of infrastructure monopoly built on fiber
> optics and kitty GIFs.
> 
> And the power of the new network-industrial complex is immense and 
> unchecked, even by other giants: AT&T blocked Apple's FaceTime and
> Google's Hangouts video chat services for the preposterously silly
> reason that the apps were "preloaded" on each company's phones
> instead of downloaded from an app store. Verizon and AT&T have each
> blocked the Google Wallet mobile payment system because they're
> partners in the competing (and not very good) ISIS service. Comcast
> customers who stream video on their Xboxes using Microsoft's
> services get charged against their data caps, but the Comcast
> service is tax-free.
> 
> We're really, really fucking this up.
> 
> But we can fix it, I swear. We just have to start telling each
> other the truth. Not the doublespeak bullshit of regulators and
> lobbyists, but the actual truth. Once we have the truth, we have
> the power -- the power to demand better not only from our
> government, but from the companies that serve us as well. "This is
> a political fight," says Craig Aaron, president of the advocacy
> group Free Press. "When the internet speaks with a unified voice
> politicians rip their hair out."
> 
> We can do it. Let's start.
> 
> THE INTERNET IS A UTILITY, JUST LIKE WATER AND ELECTRICITY
> 
> Go ahead, say it out loud. The internet is a utility.
> 
> There, you've just skipped past a quarter century of regulatory
> corruption and lawsuits that still rage to this day and arrived
> directly at the obvious conclusion. Internet access isn't a luxury
> or a choice if you live and participate in the modern economy, it's
> a requirement. Have you ever been in an office when the internet
> goes down? It's like recess. My friend Paul Miller lived without
> the internet for a year and I'm still not entirely sure he's
> recovered from the experience. The internet isn't an adjunct to
> real life; it's not another place. You don't do things "on the 
> internet," you just do things. The network is interwoven into every
> moment of our lives, and we should treat it that way.
> 
> "COMMON CARRIER RULES ARE BASICALLY FREE SPEECH." Yet the
> corporations that control internet access insist that they're 
> providing specialized services that are somehow different than
> water, power, and telephones. They point to crazy bullshit you
> don't want or need like free email addresses and web hosting
> solutions and goofy personalized search screens as evidence that
> they're actually providing "information" services instead of the
> more highly regulated "telecommunications" services. "Common
> carrier rules are basically free speech," says the Free Press'
> Aaron. "We have all these protections for what happens over
> landline phones that we're not extending to data, even though all
> these people under 25 mostly communicate in data."
> 
> It's time to just end these stupid legal word games and say what we
> all already know: internet access is a utility. A commodity that
> should get better and faster and cheaper over time. Anyone who says
> otherwise is lying for money.
> 
> THERE IS ZERO COMPETITION FOR INTERNET ACCESS
> 
> None. Zero. Nothing. It is a wasteland. You are standing in the
> desert and the only thing that grows is higher prices.
> 
> 70 percent of American households have but one or two choices for 
> high-speed internet access: cable broadband from a cable provider
> or DSL from a telephone provider. And since DSL isn't nearly as
> fast as cable, and the cable companies are aggressive in bundling
> TV and internet packages together, it's really only one choice. And
> that means the level of innovation from these providers has almost
> completely stagnated, even as prices have gone up.
> 
> Why are cellphones so much cooler now than they were in 2000?
> Because Apple and Google and Samsung all had to fight it out and
> make better products in order to survive. They're competing.
> Comcast hasn't had to fight anything, at any time. It is fat and
> lazy and wants nothing more than to get fatter and lazier. That's
> why Comcast is spending $45 billion on Time Warner Cable instead of
> integrating Netflix into its cable boxes and working with Apple and
> Google and Microsoft on the real next generation of TV: when you're
> the only real choice in 19 of America's 20 biggest markets, you get
> to move real slow and still make a lot of money. It's not clear
> Comcast even knows what real competition looks like.
> 
> "Unless the FCC thinks that there is a realistic chance that the
> deal will reverse two decades of rising prices, it should stop the
> merger," writes Columbia Law School professor Tim Wu. "Passing on
> savings has never been part of Comcast's business model."
> Monopolies are nice like that.
> 
> Despite the innovation in phones, the same is true for mobile
> internet. There are only four major national carriers, most of whom
> run incompatible networks and all of which are stronger in various
> regions. If you hate your Sprint or Verizon service, switching to
> AT&T or T-Mobile is anything but simple and probably requires
> paying off a two-year contact of some kind. (Even T-Mobile, which
> is aggressively eliminating contracts for service, maintains a
> number of device payment plans that require a contract.) Chances
> are once you've chosen a wired broadband carrier and a wireless 
> carrier that works well in your area, you're stuck: there are few
> other places to go, and even if you have choices the high costs of
> switching mean you're not very likely to leave at all.
> 
> (And if anyone tries to tell you that ultra-expensive mobile
> broadband is somehow competitive with wired service, ask that
> person to buy you a nice dinner and tell you the story of when they
> realized dignity had a price. You're talking to a cable industry
> lobbyist; they can afford it.)
> 
> What happens in countries where there's real competition? In the
> UK, where incumbent provider BT is required to allow competitors to
> use its wired broadband network, home internet service prices are
> as low as £2.50 a month, or just over $4. In South Korea, where
> wireless giants SK Telecom and LG Uplus are locked in a fierce
> technology battle, customers have access to the fastest mobile
> networks in the world -- up to 300Mbps, compared to a theoretical
> max of 80Mbps on Verizon that's actually more like 15 or 20mbps in
> the real world.
> 
> AMERICANS PAY MORE FOR SLOWER SPEEDS THAN ANYONE ELSE IN THE WORLD 
> And Americans pay more for these slower wireless speeds than anyone
> else in the world: in Germany, where customers can freely switch
> between carriers by swapping SIM cards, T-Mobile customers pay just
> $1.18 per Mbps of speed. In the US, our mostly incompatible
> wireless networks lock customers in with expensive handsets they
> can't take elsewhere, allowing AT&T and Verizon to charge around $4
> per Mbps each and Sprint to clock in at an insane $7.50.
> 
> American politicians love to stand on the edges of important
> problems by insisting that the market will find a solution. And
> that's mostly right; we don't need the government meddling in
> places where smart companies can create their own answers. But you
> can't depend on the market to do anything when the market doesn't
> exist. "We can either have competition, which would solve a lot of
> these problems, or we can have regulation," says Aaron. "What
> Comcast is trying is to have neither." It's insanity, and we keep 
> lying to ourselves about it. It's time to start thinking about ways
> to actually do something.
> 
> [snip]
> 
> Dewayne-Net RSS Feed: <http://dewaynenet.wordpress.com/feed/>
> 
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