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The Netw ork Neutrality Debate An Overview Barbara van Schewick - - PowerPoint PPT Presentation
The Netw ork Neutrality Debate An Overview Barbara van Schewick - - PowerPoint PPT Presentation
The Netw ork Neutrality Debate An Overview Barbara van Schewick Stanford Law School IETF 75, Technical Plenary July 30, 2009 What is netw ork neutrality? 2 What is netw ork neutrality? Technology enables network providers to control
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What is netw ork neutrality?
Technology enables network providers to control applications and content
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Goals of the Talk
- Framework for understanding the debate
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Goals of the Talk
- Framework for understanding the debate
- Overview of main positions and arguments
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Goals of the Talk
- Framework for understanding the debate
- Overview of main positions and arguments
- Relevance for IETF
- Impact of potential rules on IETF standards
- Potential new work
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Framew ork
I . Proposed Rule
- 1. Blocking
- 2. Discrimination
- a. QoS
- b. Charging for QoS
I I . Proposed Exceptions
- 1. Security
- 2. Congestion Management
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A rule against blocking is at the core of all netw ork neutrality proposals ...
- ... may be framed as user rights ...
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A rule against blocking is at the core of all netw ork neutrality proposals ...
FCC Internet Policy Statement, 2005
- "... consumers are entitled to access the lawful Internet
content of their choice.“
- "... consumers are entitled to run applications and use
services of their choice, subject to the needs of law enforcement.“
- "... consumers are entitled to connect their choice of legal
devices that do not harm the network."
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Scope
- Network neutrality rules only protect against blocking
- of legal content and applications
- driven by network providers‘ interests
- Network neutrality debate does not address
- proper treatment of illegal content or applications
- interference with users‘ Internet use driven by the
state
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Do netw ork providers have an incentive to block?
I
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Do netw ork providers have an incentive to block?
- Not always ...
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Do netw ork providers have an incentive to block?
- Not always ...
- ... but more often than you would expect:
- to increase their profits
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Do netw ork providers have an incentive to block?
- Not always ...
- ... but more often than you would expect:
- to increase their profits
- to exclude unwanted content
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Do netw ork providers have an incentive to block?
- Not always ...
- ... but more often than you would expect:
- to increase their profits
- to exclude unwanted content
- to manage bandwidth on their networks
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If there is an incentive, should regulators care?
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If there is an incentive, should regulators care?
Network neutrality proponents:
- Impact on application and content developers
- Impact on users
- Application innovation/competition, free speech
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If there is an incentive, should regulators care?
Network neutrality opponents:
- Only anticompetitive behavior
- Role as editors
- Need to manage networks
- Competition solves the problem
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If there is an incentive, should regulators care?
- ... or „is the Internet different?“
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What is the role of competition?
- ... or: „are there alternatives to regulation?“
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Framew ork
I . Proposed Rule
- 1. Blocking
- 2. Discrimination
- a. QoS
- b. Charging for QoS
I I . Proposed Exceptions
- 1. Security
- 2. Congestion Management
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Does the proposed rule prohibit „discrimination“?
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How does the proposed rule define „non-discrimination“?
- ... or „does the proposed rule prevent QoS?“
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How does the proposed rule define „non-discrimination“?
- treat every packet the same
- treat classes of applications the same
- users choose QoS, network provides QoS
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If netw ork providers can offer QoS, w hom are they allow ed to charge for it?
- ... or „to what extent does the proposed rule restrict
network providers‘ business models?“
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If netw ork providers can offer QoS, w hom are they allow ed to charge for it?
- nobody
- nly their own access customers
- access customers and application/content developers
(but needs to be non-discriminatory)
- whomever they want to
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Framew ork
I . Proposed Rule
- 1. Blocking
- 2. Discrimination
- a. QoS
- b. Charging for QoS
I I . Proposed Exceptions
- 1. Security
- 2. Congestion Management
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Does the proposed rule allow blocking/discrimination for security?
- e.g., denial of service attacks, viruses, spam
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Does the proposed rule allow blocking/ discrimination during times of congestion?
- ... or „to what extent does proposed rule restrict
network providers‘ ability to manage congestion?“
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Does the proposed rule allow blocking/ discrimination during times of congestion?
- any congestion management is fine
- any congestion management is fine, as long as it is
disclosed
- congestion management needs to be non-discriminatory,
if possible
- single out specific applications (clearly not o.k)
- single out classes of applications (may be o.k.)
- give users choice of prioritization (clearly o.k.)
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Trade-Offs
Investment Incentives Network Innovation Costs of Regulation vs. Application Innovation User Control Internet’s Ability to Realize its Economic, Social, Cultural and Political Potential
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Conclusion
- Framework
- Potential impact on IETF standards
- Regulation vs. competition plus disclosure
- Non-discrimination and user choice
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