Net bias
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Net bias (or network bias) is the counter-principle to net neutrality, which indicates differentiation or discrimination of price and the quality of content or applications on the Internet by ISPs. Similar terms include data discrimination, digital redlining, and network management.
Net bias occurs when an ISP drops packets or denies access based on artificially induced conditions such as simulating congestion or blocking packets, despite the fact that ample capacity exists to carry traffic. Examples (models) of net bias include
The idea of net bias can arise from
Net neutrality
The principle of equal treatment of traffic, called "Net Neutrality" by proponents, is not enshrined in law in the United States but is supported by some regulations. Most of the debate around the issue has centered on tentative plans, now postponed, by large Internet carriers to offer preferential treatment of traffic from certain content providers for a fee.[3] Network neutrality is a set of rules that forbid network owners from discriminating against independent applications (instead of against competing ISPs, as with open access).[2]
Models of net bias
Tiered service (specialized service, bandwidth partitioning)
Metering
Metered service (also called pay-per-use) is another strategy utilized to change Internet pricing other than tiered service. This model represents a usage-based pricing scheme that charges users based on their
Bandwidth throttling
Blocking (port blocking)
Technical component for net bias
Technological advancements allowed these types of net bias to function, while the technology was not fully matured enough to apply new pricing or QoS schemes in the past.
Motivations
The idea of network flexibility in pricing, service provisioning, and QoS tends to be based on economic and political considerations. These considerations show that net bias (network flexibility) makes economic sense and may not violate a reasonable expectation of net neutrality.
Economic motivations
ISPs have been increasingly investing in the infrastructure necessary to transport the bits and packets that correspond to commercially successful content and services.
Political motivations
As the FCC has perceived the need to create more incentives for incumbent carriers to invest in broadband, the commission has taken apart the access requirements and pricing model that force incumbent carriers to offer services at a low rate through the Telecommunications Act of 1996.[5] In addition, the FCC has removed the traditional regulatory burdens for common carriers that provide Internet access and services.[29] These deregulatory initiatives have freed the carriers of having to share and interconnect facilities providing information services. Some proponents of net bias argue that ISPs do not have legal obligation to operate as common carriers and that the network's interconnection arrangements result from commercial necessity.[10] Moreover, in terms of establishing the network's interconnection, ISPs argue that they used their resources to maintain and upgrade the network for customers, and so far popular websites have received a "free ride" from these resources.[30][31] Advocates of net bias also propose lawful pricing. Network flexibility for pricing, interconnection, and QoS characterize the initiatives as lawful price discrimination that can provide consumers with greater flexibility and potentially lower bills for low-volume users.[32] Advocates of net bias also argue that combining simple routing with superior service offers options that are no different from the multiple classes of service provided by most airlines or the qualitative difference between free and toll highways.[5][23] Consequently, some experts contend that the option of offering network flexibility provides a means for consumers and carriers to utilize premium services.[11][23]
Internet censorship
The concept of freedom of information has emerged in response to state sponsored monitoring, surveillance, and censorship of the Internet. Internet censorship includes the control or suppression of publishing or accessing information on the Internet.[citation needed] Data discrimination may also occur on a national level to censor political, 'immoral' or religious Internet content.[citation needed]
For example,
Concerns regarding discrimination
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Discrimination |
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The Internet has been historically regarded as an open and "best effort" network. Internet routers must forward packets on a first-come, first-served basis without regard for the analysis of data or content inside the packet.[7] This aspect of the Internet has increased its value, contributing not only to the quality of our lives, but also to economic growth around the globe.[8] Based on these notions, forms of net bias have created some concerns regarding discrimination from economic and political perspectives.[6] In other words, unreasonable net bias occurs when an ISP conducts a discrimination strategy against a specific type of packet without a reasonable and fair financial or operational justification.[5]
Concerns about economic discrimination
Users enjoy the high level of value when they are able to access the Internet on an unmetered and
Viewpoint of Pro-discrimination advocates
While a broad presumption pertaining to data discrimination is perceived censorship, those in favor of this practice claim that there are benefits. The ISPs are a business, and as such, "...correctly state that external, non-market driven constraints on their ability to price discriminate can adversely impact their incentive to invest in broadband infrastructure and their ability to recoup that investment."[1] There are times when it could make sense, in the eyes of the ISPs, to give preference to one type of content over another. For example, loading a plain text and image website is not nearly as strenuous as loading sites such as Hulu and YouTube. Frieden states that "Some Internet Service Providers (ISPs) seek to diversify the Internet by prioritizing bitstreams and by offering different quality of service guarantees. To some observers, this strategy constitutes harmful discrimination that violates a tradition of network neutrality in the switching, routing, and transmission of Internet traffic."[1] While the QoS argument is that network neutrality rules make allowances for network owners to practice some types of discrimination to protect the functioning of the network.[2]
Argument Against Data Discrimination
Those who oppose data discrimination say that it hurts the growth of the Internet, as well as the economy that is rooted in the depths of the Internet model. "Instead of promoting competition, such picking of winners and losers will stifle the investment needed to perpetuate the Internet's phenomenal growth, hurting the economy."[43] If, for example, telecommunication network operators blocked data packets of Voice-over-IP services that might substitute their own telephone services, this would not only discriminate against specific firms but also reduce competition and economic welfare. Technically, this would not be a problem. Although data packets are homogeneous with respect to switching and transmission treatment, type, source, and destination can be revealed and data packets be handled differently if a network operator prefers to do so.[44] Another problem is that the type of data that is given preferential treatment is up to the discretion of the ISP. This allows them to move data as they see fit, whether it be through a political, moral, any other such kind of "lens". This goes against the first amendment, the freedom of speech because by stopping certain kinds of information from reaching the end user, they are censoring content. It is not the place of the ISP to censor content from the people.
The real threat to an open Internet is at the local network (the ends), where network owners can block information coming in from the inter-network, but it also is at the local network where the most harm can occur. Because of this, network neutrality rules allow some discrimination by the local network to protect itself, though it may not be based on content or type of application. For example, network owners want to protect their networks from being damaged. So, some discrimination is allowed to "prevent physical harm to the local Broadband Network caused by any network attachment or network usage." This means that local network operators may not control which types of applications users choose to employ, what type of devices users use to access the network, or which type of legal content users choose to convey or consume. The only allowable restrictions are on applications that cause harm to the local network.[2]
Proponents of network neutrality concede that network security is crucial enough to warrant making an exception to a network neutrality rule. Allowing network providers to deviate from neutrality only to the extent necessary to protect network trustworthiness is rooted in judicial and regulatory decisions and administrative rules that helped establish the principle of nondiscrimination as the core of network neutrality.[45] Sen. Al Franken has spoken out on FCC rulings "calling net neutrality the 'free speech issue of our time,'" Franken (D-MN) expressed his displeasure with the FCC's recent net neutrality rules. 'These rules are not strong enough,' he said, pointing out that paid prioritization was not banned and that wireless networks are allowed to discriminate at will. The rules mark the 'first time the FCC has ever allowed discrimination on the Internet' and they 'will create essentially two Internets.'[46]
Another important concept for marketers to understand is that of disparate impact. If a discrimination case is brought against your company, the plaintiff would have to show evidence of disparate impact.[47]
Concerns about political discrimination
In 2005, the FCC issued a Broadband Policy Statement (also known as the Internet Policy Statement) that offered guidance and insight into its approach to the Internet and broadband consistent with Congress' direction.[48] (FCC) The four principles of this statement are as follows:
- To encourage broadband deployment and preserve and promote the open and interconnected nature of the public Internet, consumers are entitled to access the lawful Internet content of their choice.
- To encourage broadband deployment and preserve and promote the open and interconnected nature of the public Internet, consumers are entitled to run applications and use services of their choice, subject to the needs of law enforcement.
- To encourage broadband deployment and preserve and promote the open and interconnected nature of the public Internet, consumers are entitled to connect their choice of legal devices that do not harm the network.
- To encourage broadband deployment and preserve and promote the open and interconnected nature of the public Internet, consumers are entitled to competition among network providers, application and service providers, and content providers.
At first glance, these principles appear noncontroversial in terms of standards regarding the freedom of the network. However, these principles do not address regulations with respect to the issues of differentiations in pricing, interconnection, and QoS.[7] Further, the unregulated forms of net bias have the potential to create false congestion by the ISPs.[14] More specifically, advanced Internet protocol technology can allow ISPs to fabricate congestion and drop packets when no real congestion takes place. In addition, existing peering and transit agreements between stakeholders such as small and large ISPs may lack a specific prohibition of deliberate packet loss.[5]
Many ISPs contend that major content providers such as
Technical and market convergence as well as deregulation by the Telecommunications Act of 1996 provided incentives for companies to integrate vertically and horizontally. As a result, those integrated companies have discrimination incentives such that they may try port blocking or unfair throttling to enhance the marketplace attractiveness of corporate affiliates.[50] From this perspective, Free Press emphasized through its comments to the FCC Notice of Inquiry that specialized services should be provided with fairness, particularly in the vertically integrated environments of the information and telecommunication industry (e.g., Comcast, which has both content and broadband services).[42] Consequently, concerns regarding discrimination raised the need of network neutrality regulations to preserve the open Internet and public interest and enable the Internet industry to survive and succeed.[51][52]
The FCC and Data Discrimination
In the United States, the Federal Communications Commission does not permit data discrimination except for "reasonable traffic management".[53]
The Federal Communications Commission defines reasonable traffic management as follows:
A network management practice is reasonable if it is appropriate and tailored to achieving a legitimate network management purpose, taking into account the particular network architecture and technology of the broadband Internet access service.[54]
It is considered unreasonable for internet service providers to manage traffic by blocking applications or assigning quality of service based on source, destination, or unreasonable application provider payment.[55] Regardless, there are currently no laws prohibiting internet service providers from offering different service plans that may restrict consumers' access to selected material.[56] In June 2007 the Federal Trade Commission (FTC) published Broadband Connectivity Competition Policy which suggested that it may be beneficial to consumers if broadband providers would pursue a variety of business arrangements, including data prioritization, exclusive deals, and vertical integration into online content and applications. The report also suggests that government should move cautiously in implementing any changes to current regulations.[57]
FCC Appeals
- Verizon Communications filed an appeal against the FCC in the United States Court of Appeals for the DC Circuit on January 20, 2011. The FCC's rules aim to prevent Internet service providers from blocking certain websites or applications. Verizon's appeal claims that the FCC has overstepped its authority and that the rules violate the company's constitutional rights. The company says that the net neutrality rules modify the terms of existing licenses held by Verizon. Rather than launching a lawsuit that directly challenges the regulations, the company is appealing the rules as an illegal change to their existing licenses.[58]
- "It has been a very long and drawn out fight, and it has certainly distracted the FCC for the last year. It has distracted the carriers as well, who have spent a lot of time, effort and money in terms of publicly fighting about it and privately fighting about it," says Larry Downes an industry consultant and author..."It is very, very unlikely that AT&T will file suit," said Downes. "They've said publicly and repeatedly that they are comfortable with the net neutrality order and I take that as a pretty strong indication that they are not going to litigate it."[59]
Evidence of Anti-competitiveness
During a hearing held by Rep. Greg Walden, one of the speakers put forth a question that needs to be addressed by the FCC, as well as other groups that are in support of Net Neutrality. The speaker said, "If the mere threat of Internet discrimination is such a concern and if the FCC has done no analysis to demonstrate why one company has more market power than another, why would discrimination by companies like Google or Skype be any more acceptable than discrimination by companies like AT&T and Comcast?"[43] During the same hearing, a different member spoke up and quoted Section 230 of the Communications Act saying, "...preserve the vibrant and competitive free market that presently exists for the Internet and other interactive computer services, unfettered by federal or state regulations." essentially saying that there should be laws in place so that the government knows how to handle its authority over the FCC and ISPs. He did not say that these laws are not laws meant for regulating what the FCC does, but how the FCC should act.[43]
In 2005, a small North Carolina telecom company, Madison River Communications, blocked their
As Anti-Piracy
- "Network-level filtering means your Internet service provider – Comcast, AT&T, EarthLink, or whoever you send that monthly check to – could soon start sniffing your digital packets, looking for material that infringes on someone's copyright. "What we are already doing to address piracy hasn't been working. There's no secret there...""[62] This may be one of the major reasons that ISPs want to be able to discriminate against certain data types. Ever since the dawn of peer-to-peer file sharing, both the MPAA and the RIAA have been hounding ISPs to divulge any and all information relating to file sharing. With the implementation of data discrimination, that file sharing data can be, and will be, thrown to the bottom of the pecking order. This will render any kind of sharing, even the kind that isn't deemed illegal, useless because the transfer speeds will be unusably slow.
- Center of Digital Democracy (CDD) conducts a study which finds out several internet service providers (ISP) offer advertising companies specific packages for users personal information.[63]
Examples
Worldwide, the
- In 2005, Canadian telephone giant Telus blocked access to voices-for-change.ca, a website supporting the company's labour union during a labour dispute, as well as over 600 other websites, for about sixteen hours after pictures were posted on the website of employees crossing the picket line.[66]
- In April 2006, America On Line) blocked all e-mails that mentioned www.dearaol.com, an advocacy campaign opposing the company's pay-to-send e-mail scheme. An AOL spokesman called the issue an unintentional glitch.[67]
- In February 2006, some of Cox Cable's customers were unable to access Craigslist because of a confluence of a software bug in the Authentium personal firewall distributed by Cox Cable to improve customers' security and the way that Craigslist had their servers misconfigured. Save the Internet said this was an intentional act on the part of Cox Cable to protect classified ad services offered by its partners. The issue was resolved by correction of the software as well as a change in the network configuration used by Craig's List. Craig's List founder Craig Newmark stated that he believed the blocking was unintentional.[68]
- In August 2007,
- In September 2007, Verizon Wireless prevented a pro-choice organization from sending text messages to its members coordinating a public demonstration, despite the fact that the intended recipients had explicitly signed up to receive such messages.[72]
- On February 4, 2010,
- In a March 2009 Freedom House report on Internet and digital media censorship worldwide, Egypt scored a 45 (out of 100), slightly worse than Turkey but better than Russia. Cuba scored a 90, making it more Net-censored than even Iran, China and Tunisia. Cellphone service is too expensive for most Cubans.[74]
- Comcast Corp. actively interferes with attempts by some of its high-speed Internet subscribers to share files online, a move that runs counter to the tradition of treating all types of Net traffic equally. The interference, which The Associated Press confirmed through nationwide tests, is the most drastic example yet of data discrimination by a U.S. Internet service provider. It involves company computers masquerading as those of its users. Comcast's interference appears to be an aggressive way of managing its network to keep file-sharing traffic from swallowing too much bandwidth and affecting the Internet speeds of other subscribers.[3]
- If widely applied by other ISPs, the technology Comcast is using would be a crippling blow to the BitTorrent, eDonkey and Gnutella file-sharing networks. While these are mainly known as sources of copyright music, software and movies, BitTorrent in particular is emerging as a legitimate tool for quickly disseminating legal content.[3]
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