Again, point 5.

- "open Internet principles apply only to lawful content, services and
> applications -- not to activities like unlawful distribution of copyrighted
> works, which has serious economic consequences."

Of course, how do you know that bittorrent user isn't distributing GNU licensed 
material rather than superhotxxxmovie (c)2009 by superhotxxxmoviecompany.com?  
There's the rub.

--C




Clint Ricker wrote:
> The language of point 3 is targetting heavy "users", not "applications" that
> may be heavy under some, even common, circumstances.  While it seems like a
> small detail, it is, in fact, a big distinction--why should I be blocked
> from using bit torrent to download a gutenberg ebook (ie legal & small)
> because my neighbor is doing warez full throttle, 24/7/365?
>
> Genachowski specifically alluded to Comcast degrading bit torrent traffic,
> something that Comcast claimed to be doing for reasons of network management
> and blocking of illegal content.
>
> Waving the illegal content flag is, in my opinion, very short sighted:
> - Legal video streaming services (hulu, netflix on demand) are rising.
> These are worse, in a lot of ways, than the bit torrent model since it
> requires a sustained throughput to provide a usable customer experience.
> They also often use HTTP or other common protocols.
> - Bit Torrent itself is trending more "legal"; major content providers and
> software companies are using it for legal distribution of content while the
> illegal content is making its way to other networks that are more secure /
> private
> - Last, but certainly not least, content providers are VERY eager to sign up
> the ISPs as "content" cops.  Once you start down that road, you may very
> well find yourself as an operator having given away your own safe harbor
> rights and having the legal obligation to police your network for bad
> content.  In general, it's hard to not see the WISPs taking the side of
> major MSOs, RBOCs, and content providers as a dangerous game.  It's one
> thing to decide to block bit torrent because it carries a large percentage
> of illegal content.  It's another thing when you have to implement, at your
> own expense, url / ip filtering, install deep packet inspection hardware
> (VERY expensive), and other extensive, expensive, and very time consuming
> process or face repeated and ongoing liability every time some kid on your
> network wants to duck out on paying 99c for an mp3.
>
> The content providers have been pushing for this for years; if ISPs start
> dancing the same tune to win the "right" to do some occasional fiddling with
> some packets, it would likely shift the balance of power.  Given that many
> of the major service providers (Comcast, Time Warner, etc...) are also major
> content providers meaning that the expenses of manditory content filtering
> carried by the service provider business are offset by potential increases
> in profitability for the content producing side of the house.  You, on the
> other hand, have nothing to gain here.
>
> You thought CALEA was bad?
>
> -Clint Ricker
>
>
>
>
>
>
>
>
>
>
> On Thu, Sep 24, 2009 at 9:00 AM, Curtis Maurand <cmaur...@xyonet.com> wrote:
>
>   
>> Take a look at the third and the fifth bullet points.
>>
>> --C
>>
>> Clint Ricker wrote:
>>     
>>> Where is everyone getting that you are allowed to prioritize anything?
>>>       
>>  The
>>     
>>> speech details three points along the subject of prioritization.  The
>>>       
>> Julius
>>     
>>> Genachowski's recent speech specifically said "no prioritization"--refer
>>>       
>> to
>>     
>>> section 5.
>>>
>>> - "This means they cannot block or degrade lawful traffic over their
>>> networks" (blocking / deprioritizing)
>>> - "or pick winners by favoring some content or applications over others
>>>       
>> in
>>     
>>> the connection to subscribers' homes" (prioritizing)
>>> - "During periods of network congestion, for example, it may be
>>>       
>> appropriate
>>     
>>> for providers to ensure that very heavy users do not crowd out everyone
>>> else" (block / degrade on a per-user basis, rather than per-application?)
>>> - Doesn't apply to managed services (I believe that he's referring to
>>>       
>> metro
>>     
>>> Ethernet with QOS)
>>> - "open Internet principles apply only to lawful content, services and
>>> applications -- not to activities like unlawful distribution of
>>>       
>> copyrighted
>>     
>>> works, which has serious economic consequences." (As I said in my Senate
>>> confirmation hearing, open Internet principles apply only to lawful
>>>       
>> content,
>>     
>>> services and applications -- not to activities like unlawful distribution
>>>       
>> of
>>     
>>> copyrighted works, which has serious economic consequences.)
>>>
>>> Where has any statement been made regarding prioritization being ok?
>>>
>>> Thanks,
>>> -Clint Ricker
>>>
>>>
>>>
>>>
>>> On Mon, Sep 21, 2009 at 4:01 PM, Mike Hammett <wispawirel...@ics-il.net
>>> wrote:
>>>
>>>
>>>       
>>>> Right, which is why I phrased it that way.  You can't deprioritize
>>>> anything,
>>>> but you can prioritize anything (based upon what I've read on this
>>>>         
>> list).
>>     
>>>> They accomplish the same thing, but at face value, one is permissible
>>>>         
>> the
>>     
>>>> other is not.
>>>>
>>>>
>>>> -----
>>>> Mike Hammett
>>>> Intelligent Computing Solutions
>>>> http://www.ics-il.com
>>>>
>>>>
>>>>
>>>> --------------------------------------------------
>>>> From: "Jeff Broadwick" <jeffl...@comcast.net>
>>>> Sent: Monday, September 21, 2009 12:53 PM
>>>> To: "'WISPA General List'" <wireless@wispa.org>
>>>> Subject: Re: [WISPA] The Net Neutrality speech we've all been waiting
>>>>         
>> for
>>     
>>>>         
>>>>> You'd have to ask the FCC.  Seems like it's the opposite side of the
>>>>>           
>> same
>>     
>>>>> coin.
>>>>>
>>>>> Jeff
>>>>>
>>>>> -----Original Message-----
>>>>> From: wireless-boun...@wispa.org [mailto:wireless-boun...@wispa.org]
>>>>>           
>> On
>>     
>>>>> Behalf Of Mike Hammett
>>>>> Sent: Monday, September 21, 2009 1:51 PM
>>>>> To: WISPA General List
>>>>> Subject: Re: [WISPA] The Net Neutrality speech we've all been waiting
>>>>>           
>> for
>>     
>>>>> What's the difference between prioritizing all traditional services
>>>>>           
>> above
>>     
>>>>> other and deprioritizing the "bad" ones below other?
>>>>>
>>>>>
>>>>> -----
>>>>> Mike Hammett
>>>>> Intelligent Computing Solutions
>>>>> http://www.ics-il.com
>>>>>
>>>>>
>>>>>
>>>>> --------------------------------------------------
>>>>> From: "Jeff Broadwick" <jeffl...@comcast.net>
>>>>> Sent: Monday, September 21, 2009 12:07 PM
>>>>> To: "'WISPA General List'" <wireless@wispa.org>
>>>>> Subject: Re: [WISPA] The Net Neutrality speech we've all been waiting
>>>>>           
>> for
>>     
>>>>>           
>>>>>> The FCC has said that you cannot de-prioritize any type of traffic.
>>>>>>             
>>  You
>>     
>>>>>> have to do it by prioritizing other types of traffic.
>>>>>>
>>>>>> Jeff
>>>>>> ImageStream
>>>>>>
>>>>>> -----Original Message-----
>>>>>> From: wireless-boun...@wispa.org [mailto:wireless-boun...@wispa.org]
>>>>>>             
>> On
>>     
>>>>>> Behalf Of Jerry Richardson
>>>>>> Sent: Monday, September 21, 2009 12:53 PM
>>>>>> To: WISPA General List
>>>>>> Subject: Re: [WISPA] The Net Neutrality speech we've all been waiting
>>>>>>
>>>>>>             
>>>> for
>>>>
>>>>         
>>>>>> I read the Fifth as I cannot discriminate - meaning block this but not
>>>>>> that.
>>>>>> It says nothing about shaping.
>>>>>>
>>>>>> Jerry
>>>>>>
>>>>>> -----Original Message-----
>>>>>> From: wireless-boun...@wispa.org [mailto:wireless-boun...@wispa.org]
>>>>>>             
>> On
>>     
>>>>>> Behalf Of David E. Smith
>>>>>> Sent: Monday, September 21, 2009 9:33 AM
>>>>>> To: WISPA General List
>>>>>> Subject: [WISPA] The Net Neutrality speech we've all been waiting for
>>>>>>
>>>>>> http://openinternet.gov/read-speech.html
>>>>>>
>>>>>> In addition to the four classic "Network neutrality" principles, the
>>>>>>             
>> FCC
>>     
>>>>>> plans to pursue two more. Quotes from the speech:
>>>>>>
>>>>>> * "The fifth principle is one of non-discrimination -- stating that
>>>>>> broadband providers cannot discriminate against particular Internet
>>>>>> content
>>>>>> or applications."
>>>>>> * "The sixth principle is a transparency principle -- stating that
>>>>>> providers
>>>>>> of broadband Internet access must be transparent about their network
>>>>>> management practices."
>>>>>>
>>>>>> I love the sixth one, but number five gives me the willies. "Nope,
>>>>>> doesn't
>>>>>> matter that BitTorrent users bring your network to its knees, you're
>>>>>>             
>> not
>>     
>>>>>> allowed to do anything about it." Please tell me I'm missing
>>>>>>             
>> something.
>>     
>>>>>> David Smith
>>>>>> MVN.net
>>>>>>
>>>>>>
>>>>>>
>>>>>>
>>>>>>
>>>>>>             
>> ----------------------------------------------------------------------------
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