Pardon my brevity (I’m traveling), but if you care about preserving the Internet as a place where innovation isn’t squashed by the inertia of the incumbents, then let FCC Chairman Tom Wheeler know that his proposed “Net Neutrality” policy is a non-starter. [Ars Technica] [WaPo] [Mashable] [NY Times] [Wheeler’s response, via Verge]

Here are the email addresses of the four commissioners + Wheeler who are eagerly awaiting your opinion. Public response matters.

• Tom Wheeler
• Mignon Clyburn (D)
• Jessica Rosenworcel (D)
• Ajit Pai (R)
• Michael O’Rielly (R)

Scott Bradner, one of the shapers of the Internet, wrote to a mailing list today:

It seems to me that the value of “fast lanes” only comes when there is enough congestion to mean that the normal lane is not useful –

Maybe the ISPs will have an incentive to ensure that the normal service sucks.

Good point.

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I just posted at Medium.com about why it’s important to remember the difference between the Net and the Web. Here’s the beginning:

A note to NPR and other media that have been reporting on “the 25th anniversary of the Internet”: NO, IT’S NOT. It’s the 25th anniversary of the Web. The Internet is way older than that. And the difference matters.

The Internet is a set of protocols?—?agreements?—?about how information will be sliced up, sent over whatever media the inter-networked networks use, and reassembled when it gets there. The World Wide Web uses the Internet to move information around. The Internet by itself doesn’t know or care about Web pages, browsers, or the hyperlinks we’ve come to love. Rather, the Internet enables things like the World Wide Web, email, Skype, and much much more to be specified and made real. By analogy, the Internet is like an operating system, and the Web, Skype, and email are like applications that run on top of it.

This is not a technical quibble. The difference between the Internet and the Web matters more than ever for at least two reasons.

Continued at Medium.com…

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The experts I follow on the topic of Net Neutrality were pretty convinced that the FCC’s tepid NN policy would be struck down for just the reasons that it was. I have a few reactions:

1. Ack! The access providers (who have confused themselves with the Internet itself) are now free to block what they want and to charge sites what they want for “premium service.” But we can trust the unregulated market to do what’s best because capitalism. Yup. Unbridled greed never goes wrong.

2. Now the FCC has an opportunity to get it right. I’m about to run for a plane, so if I try to explain this without checking some sources ‘n’ sites, I’ll just get it wrong. But google yourself some “Net Neutrality” and “Title II” and you’ll find someone who can explain it better than I could even if I were given infinite leisure.

3. I have friends who are deep experts, who love the Open Internet, and who think Net Neutrality is a bad concept because it can’t be defined perfectly, and because the Net always discriminates among packets in various ways: routers decide which packets go into which queues, anda t the other end of the stack Content Delivery Networks let big companies pay to get their content closer to you, etc. Yeah yeah. So, take the list of depredations we customers will now be subject to, and imagine the policy that prevents them. That’s Net Neutrality at the policy level.If you prefer to call it an Anti-Plundering Policy, I won’t argue with you.

[Some random sources quickly scooped up:

• CNET explainer

• David Talbot

• GeekWire

• David Isenberg

• FreePress.net

• Volokh Conspiracy

• Slashdot

• Recode

Gotta go. Long live the open Internet…but only if we make it so.

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I wouldn’t have thought that Net Neutrality would be a particular rich vein for humor. But I was wrong. The Internet Must Die is a Colbert-style satire, with many of the heroes of the Open Internet in it.

A court yesterday heard arguments about whether the FCC’s Net Neutrality rules [pdf] should be permitted to stand. Harold Feld does his usual superlative job of explaining in depth.

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The FCC’s Open Internet Advisory Committee’s 2013 Annual Report has been posted. The OIAC is a civilian group, headed by Jonathan Zittrain [twitter:zittrain] . The report is rich, but I want to point to one part that I found especially interesting: the section on “specialized services.”

Specialized services are interesting because when the FCC adopted the Open Internet Order (its “Net Neutrality” policy), it permitted the carriers to use their Internet-delivery infrastructure to provide some specific type of content or service to side of the Internet. As Harold Feld put it in 2009, in theory the introduction of “managed services”

allows services like telemedicine to get dedicated capacity without resorting to “tiering” that is anathema to network neutrality. In reality, is great new way for incumbents to privilege their own VOIP and video services over traffic of others.

The danger is that the providers will circumvent the requirement that they not discriminate in favor of their own content (or in favor of content from companies that pay them) by splintering off that content and calling it a a special service. (For better explanations, check Technoverse, Ars Technica, Commissioner Copps’ statement.)

So, a lot comes down to the definition of a “specialized service.” This Annual Report undertakes the challenge. The summary begins on page 9, and the full section begins on p. 66.

I won’t pretend to have the expertise to evaluate the definitions. But I do like the principles that guided the group:

• Regulation should not create a perverse incentive for operators to move away from a converged IP infrastructure

• A service should not be able to escape regulatory burden or acquire a burden by moving to IP

The Specialized Services group was led by David Clark, and manifests a concern for what Jonathan Zittrain calls “generativity“: it’s not enough to measure the number of bits going through a line to a person’s house; we also have to make sure that the user is able to do more with those bits than simply consume them.

I’m happy to see the Committee address the difficult issue of specialized services, and to do so with the clear intent of (a) not letting access to the open Internet be sacrificed, and(b) not allowing special services to be an end run around an open Internet.

Note: Jonathan Zittrain is my boss’ boss at the Harvard Law Library. I’ve known him through the Berkman Center for ten years before that.

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Clive Thompson is talking about the quest to build a new Net without its flaws.

Problems: Governments can shut down the Net. Corporations have a lot of control over copyright, causing the corporations that deliver the Net to throttle it. And Mother Nature can shut it down, e.g. Sandy. Is it possible to build another Internet? He’s been talking with people about this, mainly with people building mesh networks.

But can you make a mesh big enough to cover the planet? Not now. But what are the biggest ones now. (1) Guifi.net in Spain started about 10 years ago. 19,509 nodes, 43 web servers, etc. They don’t view themselves as building a new Net but extending the old one. (2) Athens Municipal Wireless covers about 50% of Greece that has internal versions of Google, Yahoo, etc. Way faster than normal Nets. (3) Quintana Libre serves a rural town of fewer than 500 people, speeds up to 20mbps. (4) Red Hook’s mesh provides local services that don’t show up off the mesh.

For mesh to work, the local community has to be really invested in it.

A guy in Australia has tech — Serval — that lets you make mobile-to-mobile calls to your normal phone number but without cell towers.

So, can you build another Net? You can do inter-continental hops: Australia to Slovenia exists. People are talking about buying decommissioned satellites “but you’d need a really big Kickstarter for that.”

So can you build a new one? Yes, and no, and no and maybe. Reliability and scalability? Mesh sw is still way too geeky. Bootstrapping conundrum: people want global connections, not just local.

Q: [me] But mesh currently connects outside of the mesh to the Internet via the existing Internet backbones. Is there any hope for a pure mesh Internet?

A: Not yet.

Q: Suppose we scaled back our expectations and started with mesh just for SMS, for example?

A: Yes, and that’d be great for activists who want to connect.

A: The examples I gave are all different. Quintana just wants access to the big Internet, but in Athens much of what they want is access to their own local stuff.

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Lots of good stuff as VP Gore answers questions mainly about climate change.

But there’s also this from him:

Our national information infrastructure is no longer competitive. We need to invest in more bandwidth, easier access, and the rapid transition of our democratic institutions to the internet. And we need to protect the freedom of the internet against corporate control by legacy businesses that see it as a threat, and against the obscene invasions of privacy and threats to security from government and corporations alike. Please think about this: almost everytime there has been a choice between privacy/security on the one hand and convenience on the other, the mass of folks have chosen convenience. I for one believe the “stalker economy” on the internet is undemocratic and anti- American. Are folks at the gag point on this yet? Thanks, btw, to the Reddit community for fighting off Sopa and PIPA. Keep your powder dry; more big struggles ahead.

F@#$ing Florida :(

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According to TorrentFreak, a leaked AT&T training doc indicates that starting on Nov. 28, if a customer is flagged 4-5 times for copyright infringement [according to faceless algorithms], AT&T, Comcast, Cablevision, Time Warner Cable, and Verizon will block access to unspecified “popular sites” until the customer completes an””online education tutorial on copyright.”

No, there’s nothing even remotely Soviet about continuous surveillance that judges you via a bureaucracy without appeal, and punishes you by blocking access to information until you come back from re-education camp. Nothing Soviet at all, comrades!

I’m not a lawyer, but I’m pretty sure that if Net Neutrality means that access providers don’t get to block access to sites, then this grotesquely violates the FCC’s Net Neutrality guidelines.

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Eric Schmidt is being interviewed by Jeff Goldberg about the Net and Democracy. I’ll do some intermittent, incomplete liveblogging…

NOTE: Posted without having even been re-read. Note note (a few hours later): I’ve done some basic cleanup.

After some amusing banter, Jeff asks Eric about how responsible he felt Google was for Arab Spring. Jeff in passing uses the phrase “Internet revolution.”

ES: Arab Spring was enabled by a failure to censure the Internet. Google enabled people to organize themselves. Especially in Libya, five different militias were able to organize their armed revolt by using the Net. It’s unfair to the people who died to call it an “Internet revolution.” But there were fewer people who died, in part because of the incessant media coverage. And we’ve seen that it’s very easy to start what some call an Internet revolution, but very hard to finish it.

JG: These were leaderless revolutions, crowdsourced revolution. But in Egypt the crowd’s leaders were easily pushed aside after Mubarek fell.

ES: True leaders are very hard to find. In Libya, there are 80 militias, armed to the teeth. In most of the countries there were repressed Muslim groups that have emerged as leaders because they organized while repressed. Whoever takes over inherits financial and social problems, and will be thrown out if they fail.

JG: Talk about Google’s tumultuous relationship with China…

ES: There are lots of reasons to think that China works because its citizens like its hierarchical structure. But I think you can’t build a knowledge society without freedom. China wants to be a knowledge society. It’s unclear if China’s current model gets them past a middle income GDP. Google thought that if we gave them free access to info, the Chinese people would revolt. We were wrong, and we moved Google to Hong Kong, on the open side of the Great Firewall. (We had to because that’s the Chinese law.) Now when you enter a forbidden query, we tell the user that it’s likely to be blocked. We are forbidden from announcing what the forbidden terms are because we don’t want employees put in jail.

JG: Could Arab Spring happen in China? Could students organize Tianamen Square now?

ES: They could use the Chinese equivalent of Twitter. But if someone organizes a protest, two people show up, plus 30 media, and 50 police.

JG: Google’s always argued that democratization of info erodes authoritarian control. Do you still believe that?

ES: The biggest thing I’ve learned is how hard it is to learn about the differences among people in and within countries. I continue to believe that this device [mobile phone] will change the world. The way to solve most of the world’s problems is by educating people. Because these devices will become ubiquitous, it’ll be possible to see how far we humans can get. With access to the Net, you can sue for justice. In the worst case you can actually shame people.

JG: And these devices can be used to track people.

ES: Get people to understand they have choices, and they will eventually organize. Mobiles tend to record info just by their nature. The phone company knows where you are right now. You’re not worried about that because a law says the phone company can’t come harass you where you’re sitting. In a culture where there isn’t agreement about basic rights…

JG: Is there evidence that our democracy is better off for having the Internet?

ES: When we built the Net, that wasn’t the problem we were solving. But more speech is better. There’s a lack of deliberative time in our political process. Our leaders will learn that they’ll make better decisions if they take a week to think about things. Things will get bad enough that eventually reason will prevail. We complain about our democracy, but we’re doing quite well. The US is the beacon of innovation, not just in tech, but in energy. “In God we trust … all others have to bring data.” Politicians should just start with some facts.

JG: It’s easier to be crazy and wrong on the Net.

ES: 0.5% of Americans are literally crazy. Two years ago, their moms got them broadband connections. And they have a lot of free time. Google is going to learn how to rank them. Google should enable us to hear all these voices, including the crazy people, and if we’re not doing that, we’re not doing our job.

JG: I googled “Syria massacre” this morning, and the first story was from Russia Today that spun it…

ES: It’s good that you have a choice. We have to educate ourselves and our children. Not everything written is true, and very powerful forces want to convince you of lies. The Net allows that, and we rank against it, but you have to do your own investigation.

JG: Google is hitting PR problems. Talk about privacy…

ES: There’s no delete button on the Net. When you’re a baby, no one knows anything about you. As you move through life, inevitably more people know more about you. We’re going to have to learn about that. The wifi info gathering by StreetView was an error, a mistake, and we’ve apologized for it.

JG: The future of journalism?

ES: A number of institutions are figuring out workable models. The Atlantic [our host]. Politico. HuffingtonPost. Clever entrepreneurs are figuring out how to make money. The traditional incumbents have been reduced in scale, but there are plenty of new voices. BTW, we just announced a tablet with interactive, dynamic magazines. To really worry about: We grew up with the bargain that newspapers had enough cash flow to fund long term investigative research. That’s a loss to democracy. The problem hasn’t been fully solved. Google has debated how to solve it, but we don’t want to cross the content line because then we’d be accused of bias in our rankings.

JG: Will search engines search for accuracy rather than popularity?

ES: Google’s algorithms are not about popularity. They’re about link structures, and we start from well-known sources. So we’re already there. We just have to get better.

JG: In 5 yrs what will the tech landscape look like?

ES: Moore’s Law says that in 5 yrs there will be more power for less money. We forget how much better our hw is now than even 5 years. And it’s faster than Moore’s Law for disks and fiber optic connections. Google is doing a testbed optical installation. At that bandwidth all media are just bits. We anticipate a lot of specialty devices.

JG: How do you expect an ordinary, competent politician to manage the info flow? Are we inventing tech that is past our ability to process info?

ES: The evidence is that the tech is bringing more human contact. The tech lets us express our humanity. We need a way of sorting politicians better. I’d suggest looking for leaders who work from facts.

JG: Why are you supporting Obama?

ES: I like having a smart president.

JG: Is Romney not smart?

ES: I know him. He’s a good man. I like Obama’s policies better.

Q&A

Q: Our connectivity is 3rd world. Why haven’t we been able to upgrade?

A: The wireless networks are running out of bandwidth. The prediction is they’ll be saturated in 2016. Maybe 2017. That’s understandable: Before, we were just typing online and now we’re watching movies. The White House in a few weeks is releasing a report that says that we can share bandwidth to get almost infinite bandwidth. Rather than allocating a whole chunk that leaves most of it unused, using interference databases we think we can fix this problem. [I think but please correct me: A database of frequency usages so that unused frequencies in particular geographic areas can be used for new signals.]

A: The digital can enhance our physical connections. E.g., a grandmother skyping with a grandchild.

JG: You said you can use the Net to shame govts. But there are plenty of videos of Syria doing horrible things, but it’s done no good.

ES: There are always particularly evil people. Syria is the exception. Most countries, even autocratic ones, are susceptible to public embarrassment.

Q: Saying “phones by their nature collect data” evades responsibility.

ES: I meant that in order to their work, they collect info. What we allow to be done with that info is a legal, cultural issue.

Q: Are we inherently critical thinkers? If not, putting info out there may not lead to good decisions.

ES: There’s evidence that we’re born to react quickly. Our brains can be taught reasoning. But it requires strong family and education.

Q: Should there be a bill of rights to simplify the legalese that express your privacy rules?

ES: It’s a fight between your reasonable point of view, and the lawyers and govt that regulate us. Let me reassure you: If you follow the goal of Google to have you as a customer, the quickest way to lose you is to misuse your information. We are one click away from competitors who are well run and smart. [unless there was money in it, or unless they could get away with it, or…]

Q: Could we get rid of representative democracy?

ES: It’ll become even more important to have democratic processes because it’s all getting more complicated. For direct democracy we’d have to spend all day learning about the issues and couldn’t do our jobs.

JG: David Brooks, could you comment? Eric is an enormous optimist…

ES: …The evidence is on my side!

JG: David, are you as sanguine that our politicians will learn to slow their thinking down, and that Americans have the skills to discern the crap from the true.

David Brooks: It’s not Google’s job to discern what’s true. There are aggregators to do this, including the NYT and TheBrowser. I think there’s been a flight to quality. I’m less sanguine about attention span. I’m less sanguine about confirmation bias, which the Web makes easier.

ES: I generally agree with that. There’s evidence that we tend to believe the first thing we hear, and we judge plus and minus against that. The answer is always for me culture, education.

Q: Will there be a breakthrough in education?

ES: Education changes much more slowly than the world does. Sometimes it seems to me that education is run for the benefit of the teachers. They should do measurable outcomes, A-B testing. There’s evidence that physics can be taught better by setting a problem and then do a collaborative effort, then another problem…

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Michael Geist (@mgeist), a Canadian hero, is giving at talk at Mesh.

When SOPA was introduced, it seemed likely to pass. Bipartistan love fest. But then the Internet fought back, from the Free Bieber campaign to online petitions. The number one source of info about SOPA was not the NYT or the Washington Post but a TechDirt blog post. (As an aside, someone launched a take down notice of this blog post, so it didn’t even appear in he Google search engine for a month.) The Reddit community was very active. E.g., when GoDaddy was listed as a supporter of SOPA, Reddit started a campaign to transfer domains from there. GoDaddy changed its mind. The big moment was when Wikipedia blacked out its English-language home page. That page was accessed 162M times that day — a striking ability to raise awareness. Other sites blacked out as well. The effect was dramatic: Within a day Congressional support swung.

For months people have been trying to figure out the “SOPA Story.” How did the number one legislative effort from the number one lobby go down in flames?

In Canada we can go back to Sam Bulte. The rise of groups lobbying for rights. The rise of social networks. The use of social media by rights-favoring politicians. So, in a sense, SOPA is nothing new here in Canada.

Blackouts aren’t new either: 1996 “computer decency act” protest. NewZealand’s protest. Italian-language Wikipedia blacked out last year.

So, in some ways the SOPA Story was nothing new. What’s new is what’s happening after SOPA…the enabling coming to people who think they now can truly affect what happens online. E.g., ACTA protests in Europe. Polish MPs donning Guy Fawkes masks. The dominoes have started to fall against ACTA. Now Neelie Kroes has said that ACTA is all but dead.

Likewise, the Research Works Act tried to scale back access to publicly-funded research. The Net fought back, withdrawing support from Elsevier, the key lobbyist for the RWA. Elsevier has withdrawn support for RWA and there is a petition now to go the other way. [SIGN THE PETITION]

In Canada, Proecting Children from Internet Predators Act — a 100-age bill that contains the word “children” only in its title. The Internet fought back. E.g., TellVic. It has been withdrawn, although temporarily.

The Net is spreading word. E.g., Kony 2012 spread around the world. There’s debate about whether it has had any effect, but the UN from people on the ground is that it has made a difference. Likewise, Trayvon Martin’s story was told through social media. Or, now, the Quebec student initiatives that started with just a few people but has grown because of social media.

LEssons: Don’t underestimate the power of social media to bring prople together to have a voice on issues. Second, SOPA happened only 18 months. We’re seeing a dramatic shift. The full consequences have not yet played out.

The third lesson is pessimistic. If this is the year that the Internet fought back, the battle may have been won but the fight continues. E.g., CETA, Trans Pacific Partnership (copyright tyranny), etc. There are reasons for optimism, but we have a long struggle ahead.
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Q: How long are we going to have to keep fighting our governments? When do we stop having to argue that social interests take priority over business interests?

A: E.g., this week public pressure worked on an act that had been given to the telcos for prior consultation. E.g., look at how the copyright bill has changed: changes to fair dealing, cap on statutory damages, consumer exceptions, etc. None of that was there originally. More politicians get it. But the content industries are powerful. The Internet is becoming an increasingly powerful voice.

Q: ICANN works on a multistakeholder model and has a limited mandate about setting policy. Some want to relegate that authority to the UN that runs it as a think tank. Which way is better?

A: The ITU has been pushing for governance space for then years. At ICANN some stakeholders count more than others. If the UN does it, repressive countries get the keys to the Net. I don’t see the ITU play happening.

Q: With SOPA there was a lot of groupthink. It lacked subtlety and nuance.

A: We’ve had 30 years of lobbying by rights holders with a total lack of nuance: “It’s theft. It’s piracy. Shut it down.” Not reflective of what’s actually happening. So, yes, some are slackivists just clicking on a Like button. But they are more informed than the general populace on these issues. I did a talk for 8th grade students, and almost all of them had heard of SOPA and Kony, and most knew more about Kony than they knew before March of this year.

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