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Larry Downes produced an outstanding analysis for ZDNet today which he entitled "Save Internet Freedom -- From Regulation."

I strongly recommend it as it is one of the most cogent and persuasive pieces I have read in a long time on the subject.

He does a great service by putting the issue into much clearer context -- vis-a-vis other industries and past attempts to regulate where the government shouldn't have. 

The Washington Post reports that a consortium of Google's closest net neutrality allies: FreePress/Moveon.org, Public Knowledge, New America Foundation, Media Access Project, are poised to petition the FCC again, this time to mandate that wireless carriers deliver all text messages to their customers, even including text messages by wireless competitors trying to sell their competing wireless services.

I always enjoy learning about a new fresh take on an old issue.

Kudos to Dr. Daniel Ballon who wrote a great editorial on net neutrality for The Hill newspaper: "Net neutrality punishes everyone for Comcast's actions."  

He recounts a great analogy about how "neutral" networks on Black Monday, the stock market crash of October 19, 1987, was made worse by a traffic jam of orders that couuld not be managed in an orderly fashion to keep the stock market functioning and open.

• "After Black Monday, exchanges recognized the need to create “express lanes” and prioritize traffic to ensure orderly market function. The chairman of the House Telecommunications and Finance Subcommittee, Rep. Edward Markey (D-Mass), also understood the benefits of placing “sensible speed limits on our market participants so that individual investors and our biggest market players can happily co-exist.” Markey recognized that neutral markets fail as predictably “as if we turned off all the nation’s stoplights,” and “made all speed limits voluntary.”
  

At its core, the policy of net neutrality, that all traffic is always treated equally no matter what is -- unreasonable, unwise, and irrational.

Verizon's announcement that it will allow customers to choose any app and/or any device on its entire network in 2008 is proof positive that competitive market forces best serve consumers, not rigid net neutrality regulation or legislation.

I see three big takeaways from the Verizon announcement: consumer protection/reliability; market discipline, and more diversity of consumer choice.

If Professor Tim Wu is the "Father" of net neutrality, since he named the issue in 2002, I guess Gigi Sohn can be called the "Mother" of net neutrality because in 2002 her organization, Public Knowledge, birthed the original political manifesto on this type of thinking: "Saving the Information Commons."   

Yesterday Ms. Sohn, the Mother of net neutrality, participated in a conference call for left-leaning bloggers to indoctrinate them into the right and wrong way to blog about FreePress/Public Knowledge's petition to the FCC on Comcast's network management.

• Well when Mom's not happy, nobody's happy.  
• In response to questions about what bloggers could do, Mother neutrality effectively called on bloggers to spank Senate Chairman Innouye for not listening to Mom.
  • The impertinence of those 83 year-old, seven-term U.S. Senators who won't listen and do as their told!
  • Where is the respect anymore?   

Ted Hearn of MultiChannel News had a great story on this: "Sohn to bloggers: target Inouye" 

The FreePress Comcast petition has an unreasonable view of what "reasonable" network management is in the FCC's net neutrality policy.

First, the petitioners ignore the reason the FCC exists in the first place -- the absolute necessity for some network management in order for communications systems to function as needed.

• The predecessor to the FCC, the Federal Radio Commission was created in 1927 because of the chaos of an completely unmanaged network (like the petitioners currently are advocating for) --
  • too many stations were broadcasting on too few frequencies making the airwaves a garbled and unworkable "tragedy of the commons."
• The Government brought order to this chaos by granting the FRC/FCC the authority to make spectrum licensed property, grant licenses, and assign frequencies and power levels for each license.  

Second, the petitioners ignore that "reasonable network management" of communications is directly analogous to reasonable traffic management of our roadways.

Tim Wu, the "father of net neutrality" because he made up the term a few years back, was surprisingly candid in a CNET article that: "the whole net neutrality issue is really about a power struggle."

• Well we now know net neutrality is not about:
  • A supposedly longstanding non-discrimination "principle" of the Internet;
  • all bits being equal; or
  • freedom of speech.
• It's about "power."
  • We knew it all along. 
    • It's really about the "power struggle" over corporate welfare for the dotcom billionaires at Google and eBay who want the consumer to subsidize their piggish bandwith demands in order to maintain their 90% gross profit margins.  

I also found another candid quote by the Moveon.org/FreePress folks that also tells us what they are up to:

The Moveon.org/FreePress petition to the FCC to declare Comcast's reasonable network management illegal, is a deceptive back-door scheme to reverse FCC deregulation of broadband as an information service and to (de facto) reinstate common carriage for broadband.

• The petition will be found to be a bogus and manufactured scheme to deceive the FCC and the public that necessary, responsible, and "reasonable network management" -- that serves consumers and the Internet public by delivering quality of service and protecting consumers from the harm of viruses, spam etc. -- should be declared illegal "degrading" of an Internet application.
• Upon full FCC airing of this issue, it will be clear that the offending P2P application traffic is the culprit that is in fact harming the overwhelming majority of Internet consumers by "degrading and imparing" the responsiveness and utility of the Internet for the many because of the irresponsible bandwidth hogging of the few.

First, if managing out-of-control p2p traffic that is degrading and impairing the responsiveness and utility of the Internet for the many by the few is not "reasonable network management" then no network management is reasonable.

The American Consumer Institute did some more great work on the importance and impact of broadband. Kudos!

• I recommend you take a look at their eye-opening new study: "Broadband Services: Economic and Environmental benefits." 
• The premise is that promoting broadband is smart national policy because of the tremendous cumulative productivity and energy savings that more broadband use enables.

The summary table on page 48 encapsulates the study's findings well.

Why is net neutrality not Green?

• The current free market broadband policy is succeeding greatly in rapidly deploying broadband to all Americans and in promoting facilities-based broadband competition.
  • The FCC's latest broadband competition report that just came out shows that U.S. high speed connections grew an astounding 61% in 2006 from ~50m users to ~80m users.
• Even the serious prospect of net neutrality legislation becoming law would chill investment and discourage continuation of the broadband success that the current free market policy has generated.
  • Net neutrality is not Green because it would slow the extremely environmentally beneficial trend of increased broadband use, which creates massive national energy savings as the American Consumer institute study attests.  

The unanimous passage of a new seven-year Internet Tax Moratorium, is powerful evidence of how far out of the political mainstream the net neutrality movement is.

• The fact that everyone in Congress, from the right and the left, came together and supported extending the Internet tax ban for twice as long as Congress did in the past, proves unequivocally that political consensus is possible in Congress on mainstream Internet issues.
• Moreover, the near unanimous passage of the 1996 Telecom Act by Congress was another powerful example of how the left and right could come together and agree overwhelmingly on sound Internet/communications policies like:
  • "...preserve the vibrant and competitive free market that presently exists for the Internet... unfettered by Federal or state regulation;" and 
  • "To promote competition and reduce regulation in order to secure lower prices and higher quality services for America telecommunications consumers and encourage the rapid deployment of new telecommunications technologies."

Sound mainstream policies can attract near unanimity in Congress -- despite rampant partisanship. 

If net neutrality was truly a long-standing "principle" of the Internet, like its proponents have claimed, it would attract strong political consensus.