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Google's Regulatory Outlook 2008

The big question for investors is why?

  • Why has Google felt the need to rapidly build up a new lobbying operation in D.C. (rivaling Microsoft's in size) and why did Google just unveil, with great fanfare, its new cutting-edge office space in DC with a party that attracted 650 people and many VIPs?
    • What does Google know that investors may not?

Google's Regulatory Outlook:

Federal Trade Commission

Antitrust:

Time Warner's high-usage bandwidth pricing trial is common-sense balanced approach

Time Warner Cable's announcement of a new high-usage, bandwidth-pricing trial in Beaumont Texas is a common-sense balanced approach to dealing with the problem of a few bandwidth hogs degrading the efficiency and responsiveness of Internet access for the rest of TWC's customers. 

  • This is a common-sense, market-based solution to restoring the efficiency of the network for all users because about 5% of users are hogging as much as 50% of the network's total available bandwidth.
  • This is a balanced approach because it is a limited trial/experiment of more tiered-pricing for super-heavy users, that will garner feedback from real customers and market test pricing discipline assumptions. 

Market solutions involving real world consumer feedback are always the best solution to addressing problems like this.

  

Has Tim Wu lost his credibility? in his tunnel-vision piece: "Has AT&T lost its mind?"

Tim Wu is losing credibility fast. 

  • His new piece in Slate: "Has AT&T lost its mind? A baffling proposal to filter the Internet" is myopic, uniformed, and borderline hysterical.

Mr. Wu please calm down. Put away any sharp objects and please listen to some reason. 

FCC Commissioner McDowell Skeptical of FreePress Comcast petition on p2p network management

Washington Internet Daily reported that FCC Commissioner Robert McDowell told reporters yesterday:

  • that "...he wants ISPs and P2P networks to come to terms on dealing with bandwidth-hogging downloads. Comcast’s approach drew a complaint to the FCC, but McDowell hopes companies can work things out without government intervention..."
  • “We’ll just mess it up,” he said. “I strongly encourage private sector resolution.”
  • It’s not necessarily anticompetitive for network operators to act to keep P2P traffic from slowing networks, he said. “That's good for consumers, because you don't want your network to shut down.”"

Well said.

Engineers: P2P is not "fair" usage; Reverse Robin Hood: Bandwidth rich steal from bandwidth poor

Three times a year the Internet Engineering Task Force meets to discuss and work through major Internet issues.

  • To my delight, one of the technical issues they recently discussed has great import to net neutrality and the FreePress petition on Comcast's reasonable network management.
  • Kudos to Iljitsch van Beijnum who wrote "Growth of P2P leads IETF to debate "fair" bandwidth use" in ars technica.
    • His excellent article explains a new paper being debated by the IETF that raises the core question, if the voracious bandwidth appetite of P2P is "fair" to non P2P users.

The paper and the article point out that users of "unattended" P2P applications use dramatically more bandwidth than users of "interactive" applications like web browsing -- and then poses the question of whether this excess usage is fair. 

Van Beijnum points out that the paper's authors suggest that P2P users are using 500 times the bandwidth as average interactive users. Moreover, he points out that this assymetric bandwidth dynamic disincents an ISP from upgrading their network because the assymetry would make them even less competitive. 

The fundamental point here is a question of fairness.

Weekly Standard: "Google and its Enemies" -- a great article on Google's Kleptomania in Digital Books

The Weekly Standard's cover story this week is "Google and its enemies -- the much hyped project to digitize 32 million books sounds good. why are so many people taking shots at it?"

  • It's a very good in-depth look at one ambitious aspect of Google's legendary kleptomania of intellectual property.
  • It also has some very insightful commentary about what this all means for Google's business model.

The article explains that Google is currently undertaking the most ambitious book copying project in human history, looking to scan 32 million books over ten years at an estimated cost of $800m.

Busted again! Google ranked worst in "One World Trust" survey on openness and transparency

The Financial Times reported that One World Trust is publishing the results of a new world survey that ranks Google worst in the world on openness and transparency.

  • This worst in the world ranking comes on the heels of a recent Privacy International survey that also found that Google was worst in the world on privacy.
  • Now two independent and respected non-governmental groups have independently found that Google is worst in the world on the values that the Google claims are very important to Google: openness and privacy.

One World Trust "conducts research on practical ways to make global organisations more responsive to the people they affect, and on how the rule of law can be applied equally to all.  It educates political leaders and opinion-formers about the findings of its research." 

  •  Out of a possible score of 100 Google got a 17. Ouch. Even the math whizes at Google can see that is not a good score.
    • And sense the top performer, UNDP, got an 88, their is no grading curve that will save Google's bacon on this one.

It is good to get additional third party confirmation of many of the themes I have been blogging about for over a year and a half on Google.

EFF desperately trying to taint Comcast's network management as "packet forgery"

It appears that AP/Moveon.org/FreePress are panicking and have called for reinforcements to try and shore up their unreasonable characterization of Comcast's reasonable network managment of P2P traffic -- as somehow a net neutrality violation. 

  • The Electronic Frontier Foundation (EFF) has a new white paper ominously entitled: "Packet forgery by ISPs: A report on the Comcast affair."
  • Seems like they are desperate to try and add some "cyber-detective-story-drama" and new "buzzword blackmail" to get someone, anyone, to pay attention. 
    • This latest attempt by the "guilty-until-proven-innocent" net neutrality crowd, is obviously more focused on getting media attention than it is a serious attempt to influence the FCC.
      • News flash folks -- most all of the responsible press have caught on to your media and regulatory manipulation and tricks -- and are increasingly ignoring your desperate tantrums.  

One of the EFF's main claims in their report is supremely ironic and very telling:

That DARK "cloud" on the Net's horizon is Google's dominant cloud computing/storage ambitions

The Wall Street Journal article yesterday: "Google plans service to store users' data" is another stark reminder of the very dark cloud on the Internet's horizon -- Google's dominant "cloud computing" capability (i.e. Google's world-leading parallel processing computing grid and storage centers, which Google uses to cache a more-than-daily copy of every page of every website on the Internet and also every Google users' clickstream history.)

  • According to the WSJ, Google is planning to offer a free way to store all the information on people's computer hard drives in Google's "cloud" -- ostensibly to give consumers the 'freedom" to access their computer's files from any where, whether or not they are at their computer.

Now why would Google want to give you that type of service for "free"? Because they want even more personal and total information about you than they have in your search history, in order to sell to advertisers even more info about your most private "hot buttons."

  • If you are a free Google gmail user, Google already reads your email to send you targeted advertising. 
  • If you use Google's free documents or spreadsheets, you may remember from a previous post of mine that:

The unreasonable extremes of the FreePress Comcast petition

The FreePress Comcast petition alleging that Comcast's network management has violated the FCC's net neutality policy is based on at least four extreme and unreasonable positions by the petitioners.

First, the "pro-neutrality" petitioners are asking the FCC to actively discriminate in favor of the few p2p users at the expense of the vast majority's quality of service. 

  • It is extreme and unreasonable to petition that p2p traffic cannot be managed because p2p applications, by design, "efficiency shift."
    • They make downloading more efficient for the few who use the p2p application, by taking away the efficiency of the many by hogging other's bandwidth! 
    • There is nothing neutal at all about p2p!
    • p2p users reach out and consume bandwidth designed for the use of others.  
  • In other words, the petitioners have taken the extreme and unreasonable position that p2p users have the unlimited right to consume everyone else's bandwidth even when that usage harms the rights of everyone else. 
    • How is that responsible or rational?

The second extreme and unreasonable position is that the petitioners have proposed fines for Comcast that could total $2.3 trillion! Yes that is a "tr" with that illion.

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