The First Net Neutrality Complaint Under The 2015 Rules Is Likely To Lose, And That’s A Good Thing.

As reported by Brian Fung at Washpo and others, a company called Commercial Network Services (CNS) has filed the first network neutrality complaint under the FCC’s new rules — which went into effect June 12 after the D.C. Circuit denied a stay request. You can read the complaint here. While I probably should not prejudge things, I expect the FCC to deny the complaint for the excellent reason that — accepting all the facts alleged as true — Time Warner Cable did absolutely nothing wrong.

 

I elaborate on what CNS gets wrong, why this differs from other high-profile disputes like Cogent and Level 3, and why such an illustration is good for the FCC’s rules as a whole, below . . .

 

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Hackers and Painters

I went to http://www.paintingvirtualreality.com last weekend.

Billed as the World’s First Virtual Reality Painting Exhibition, it featured:

  • artwork one could view individually, using a Head Mounted Display (HMD) with single-camera tracking;
  • artists at work wearing HMD with dual lighthouse tracking (and the results displayed live on a big monoscopic screen).

The work was done with http://www.tiltbrush.com, which appears to be a couple of guys who got bought by Google. The project – I’m not sure that its actually available for sale – appears to be evolving along several dimensions:

  1. 3d Model Definition: covering stroke capture (including, symmetric stroke duplication), “dry” and “wet” (oil paint-mixing/brushwork effects), texture patterns, volumetric patterns, emmision, particles.
  2. Interactive Model Creation: tool pallette in one hand, and brush in the other.
    1.   Videos at tiltbrush.com suggest an additional moveable flat virtual canvas (a “tilt canvas”?) that one can hold and move and paint against. The art on display was clearly made this way, as they all felt like they were a sort of a rotational 2.5D — the brush strokes were thin layers of (sometimes curved) surfaces.
    2. The artists last night appeared to be working directly in 3D, without the tilt canvas.
    3. The site mentions an android app for creation. I don’t know if it is one of these techniques or a third.
  3. Viewing: HMD, static snapshots, animated .gifs that oscillate between several rotated viewpoints (like the range of an old-fashioned lenticular display).

  I haven’t seen any “drive around within a 3D scene on your desktop” displays (like standard-desktop/non-HMD versions of High Fidelity).

  The displays were all designed so that you observed from a pretty limited spot. Really more “sitting”/”video game” HMD rather than “standing”/”cave” exploration.

My reactions to the art:

  • Emmission and particle effects are fun in the hands of an artist.
  • “Fire… Light… It’s so Promethean!”
  • With the limited movement during display, mostly the art was “around you” like a sky box, rather than something you wandered around in. In this context, the effect of layering (e.g., a star field) – as if a Russian doll-set of sky boxes (though presumably not implemented that way) – was very appealling.

Tip for using caves: Put down a sculpted rug and go barefoot!

Broadband Access As Public Utility — My Speech at Personal Democracy Forum.

On June 4, I gave a speech at Personal Democracy Forum (PDF) on Broadband Access As Public Utility (the official Title was The Internet As Public Utility, but my original title and my conception still is about broadband access specifically because “the Internet” has become a very vague term). For those unfamiliar with PDF, it is a truly awesome conference organized by Micah Sifry and Andrew Rasiej that brings together folks from all over the tech world to discuss how tech can make a better world and be an expression of our values. This year’s focus was on how tech can facilitate civic engagement. This year was my first time to PDF, but I am definitely going to do my damndest to come back next year.

 

I’m pleased to say my speech was well received.  I’ve included the video below. (You can find videos of the other speakers in the PDF15 Archive.)  My speech turned out to be about 15 minutes long, which means it was 3 minutes over. Even so, there are some significant differences between what I wrote in advance and as actually delivered (which happens to me often), which is why I reprint my original “as prepared” remarks below the fold.

 

A few basic points I want to make as take aways. As I keep stressing, the term “utility” and “public utility” does not imply any particular mode of regulation or requirement for natural monopoly or market power. The term goes back to the concept first elaborated in Adam Smith’s Wealth of Nations on the purpose of government, including: “the duty of erecting and maintaining certain public works and certain public institutions, which it can never be for the interest of any individual, or small number of individuals, to erect and maintain; because the profit would never repay the expense to any individual or small number of individuals, though it may frequently do much more than repay it to a great society.” The Federalist Papers further expands on this idea, justifying the Constitution as necessary to create a government sufficiently “vigorous” to meet the needs of the people.

 

The innovation of the post-Civil War era was to identify services which, although provided in many cases by the private sector, were too important and too central to society to be left wholly to the dictates of the market and private companies. It is in this sense that Franklin Delano Roosevelt meant “utility” in his letter to Congress calling on creation of the Federal Communications Commission, which begins: “I have long felt that for the sake of clarity and effectiveness the relationship of the Federal Government to certain services known as utilities should be divided into three fields: Transportation, power, and communications.” To use the older statutory language, these services are “affected with the public interest,” and therefore government has a responsibility to ensure their fair, affordable ubiquitous availability.

 

I argue that broadband, in the tradition of all our previous communications services, now falls into this category of services so essential that they are public utilities. I do this knowing full well that those opposed to any form of government oversight of essential service or opposed to the public provision of critical infrastructure will deliberately misconstrue this to mean traditional rate-of-return regulation. To this I can only say *shrug*. The first step in ensuring proper broadband policies lies in reclaiming the term public utility for what it really means — a service so essential that the government has a responsibility to ensure that, one way or another, everyone has fair and affordable access. We must embrace that fundamental value as firmly as we should reject a return to rate regulated private monopoly provision — or the worse alternative of entirely unregulated private monopoly provision.

 

Enjoy.

 


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Net Neutrality Litigation: Round 1 Goes To the FCC.

Good news! The D.C. Circuit denied the request by the carriers suing the Federal Communications Commission (FCC) to prevent the FCC’s net neutrality rules and reclassification of broadband as a Title II telecom service. As of today, the Net Neutrality rules are in effect, and broadband access is once again a Title II telecommunications service — pending the final outcome of the lawsuit challenging the the FCC’s actions.

 

Reactions from net neutrality opponents have ranged from defiance to “no biggie” with a side of trying to claim a partial win for getting expedited briefing (I’ll explain below why this is a tad disingenuous). On Twitter, I did see a few of my opposite numbers wailing and gnashing their teeth, at the prospect that their beloved Broadband Equestria ruled by the wise Queen Comcast Celestia and Princess Verizon Twilight Sparkle is now going to be converted into a Hellscape overrun with Tyrannosaurus Tariffs that will devour helpless ISPs like tourists dumb enough to go to Jurassic World. Needless to say, supporters of net neutrality and Title II, like my employer Public Knowledge, have been somewhat more upbeat.

 

So what does all this mean for the litigation and the ongoing machinations in Congress around net neutrality? Short version — the court was not impressed with the arguments of the carriers that the FCC was so whacky crazy power-usurping unlawful that this case is the slam-dunk reversal the carriers and their cheerleaders keep saying it is. Mind you, that doesn’t mean the FCC will win. But it does mean that opponents of net neutrality and Title II might want to ratchet back the TOTAL CONFIDENCE OF VICTORY they have exuded until now just a wee bit. It also provides a psychological lift to the pro-net neutrality side that the FCC can win this even in the D.C. Circuit.

 

On the political side, Republicans had hoped that a stay would push Democrats to the bargaining table to avoid the litigation risk. Because the FCC’s odds improve with the denial of the stay, this may have the opposite effect, with Democrats more likely to wait for a court decision rather than try to strike a deal. This could either prompt Republicans to sweeten their offer, or double down on efforts for total repeal.

 

I provide the longer version below . . .

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Two Great Summaries, and “Where do ideas live?”

executive-summary

Philip gave a terrific quick demo and future roadmap at MIT Technology Review’s conference last week. See the video at their EmTech Digital site.

Today we put up a progress report (with even more short videos!) about the accomplishments of the past half year. Check it out.


 

I wonder if we’ll find it useful to have such material in-world. Of course, the material referenced above is intended for people who are not yet participating in our open Alpha, so requiring a download to view is a non-starter.  But what about discussion and milestone-artifacts as we proceed? At High Fidelity we all run a feed that shows us some of what is discussed on thar interwebs, and there are various old-school IRC and other discussions. It’s great to jump on, but it kind of sucks to have an engaging media-rich discussion with someone in realtime via Twitter. Or Facebook. OR ANYTHING ELSE in popular use today.

William Gibson said that Cyberspace is the place where a phone call takes place. I have always viewed virtual worlds as a meta-medium in which people could come together, introduce any other media they want, arrange it, alter it, and discuss it. Like any good museum on a subject, each virtual forum would be a dynamic place not only for individuals to view what others had collected there, but to discuss and share in the viewing. The WWW allows for all of this, but it doesn’t combine it in a way that lets you do it all at once. Years ago I made this video about how we were then using Qwaq/Croquet forums in this way. It worked well for the big enterprises we were selling to, but they weren’t distractible consumers. High Fidelity could be developed to do this, but should we? When virtual worlds are ubiquitous, I’m certain that they’ll be used for this purpose as well as other uses. But I’m not sure whether this capability is powerful enough to be the thing that makes them ubiquitous. Thoughts?

Are You In My Game? part 2

visitor

When an artist paints en plein air, they expect people to look over their shoulder and see what they’re doing. As an engineer, almost no one does that. I’ve had the delight of deliberately sharing my work with my children, and recently I got to share with unexpected visitors.

In High Fidelity, running your own virtual world is trivially easy, and I often do development work using a mostly empty workspace on my laptop. Nine years after playing hide-and-seek with my son (first link above), I played air hockey with him over the network. I was thrilled that this now jaded teenager was still able to giggle at the unexpected realtime correctness of the experience. But we had set out to get together online, and this time he wasn’t surprised to find me there.

It turns out that my online visibility had been set to “visible to everyone”. The next weekend I was online and someone clicked on my name and ended up in my world. I was startled to not only see another avatar, but to hear such a clear voice saying, “Hi!” Despite the cartoon avatar, it was as though she were in the room with me. I explained that I was “just working on some development” and that this space would be going up and down a lot, and her voice sounded crushed as she said, “Oh. Ok. Bye…”

An hour later, another visitor came. When I told him the same thing, he left immediately without saying goodbye. Then I was the one who felt crushed.

Of course, one can control access to your own domain — I can’t quite explain why I don’t feel like doing that. But I have turned my online presence visibility to “friends only”.