What the $#@! is the “Public” Internet

So here I am, at one of these DC discussion fests between “stakeholders” on “network neutrality.” Net neutrality is what we talk about post Brand X . It means the provider can’t mess with the packets (other than to screen malware or engage in network management). Needless to say, the incumbent wireline providers are not happy with this thought, while all the time proclaiming they will never, ever mess with content.

So what incumbents float instead is the concept of providing “enhanced service” to those with content who will pay extra to be given “priority” to the broadband provider’s subscribers. (“Hey, nice packets you got there. Be a shame if anything . . . happened to them on the way to the customer. But good news. We’re here to offer you a ‘premium’ service that gaurantees you speedy delivery! I suppose I shouldn’t mention this, but your competitor has already signed up . . .”)

This is being justified, in part, as offering premium service on the “private internet” as opposed to the “public interent.”

What the #$@! is a “public internet?” Unless there is some remnant of the NSF backbone out there, or we’re talking about the government funded root servers, there is no such thing as a “public” internet and never was. “The Internet” (back when everyone always used to capitalize it) is a “network of networks” which, since the mid-1990s, have been private networks.

So why are wireline incumbents pushing the “public internet” meme? See below . . .

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Do we really need to regulate space travel?

The FAA has released proposed rules for space travel. They are fairly extensive. And they worry me. I believe that continued U.S. leadership in the global economy depends on expanding commercial space industries, especially human space flight. The regulatory regime proposed is not one designed to get the commercial space industry off the ground.

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Jews for Jesus Rises Again

According to this blog entry, Jews for Jesus has sued Google over use of a third level domain name: jewsforjesus.blogspot.com You can read the complaint here.

As Ron Coleman’s Likelihood of Confusion blog observes, Jews for Jesus achieved one of the early awful victories for trademark holders in 1998 over this very same issue. In Jews for Jesus v. Brodsky, 993 F.Supp 282 (D.NJ 1998), Jews for Jesus won a trademark infringement claim against the user of the name “jewsforjesus.org” and “jews-for-jesus.com.” (Coleman was Brodsky’s attorney and provides a good summary and links.) This case is actually used to be pretty famous (or infamous) in domain name/TM circles. As use and sophistication about the Internet has grown, however, courts have backed away from it and the pendulum has begun to swing the other way (as I noted last year in my entry on the jerryfalwell.com case).

Comparing the 1998 case and the 2006 case provides some interesting lessons in how much the world has changed in 8 years. My thoughts below, but some disclosure first- I helped draft an amicus brief in support of Brodsky in 1998 in my roll as assistant general counsel to the now defunct Domain Name Rights Coalition.

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Here They Come Again! Anti-Muni Bill in Indiana.

Nothing like a fresh new year! State legislators return to their respective capitals to once again do the work of the people. Or, in the case of Indiana State Senator Brandt Hershman, the work of AT&T (formerly SBC). The eager Mr. Hershman has already introduced a bill, SB 245, that deregulates the phone industry, eliminates local franchising, etc., etc.

And tucked away on page 97 of this 107 page bill is an anti-muni broadband provision remarkably similar to one that went down in flames last year.

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Senate Confirms Tate and Copps

Late last night the Senate confirmed Deborah Tate and Michael Copps for the FCC Commissioner slots. I’d like to think it was my eloquence shaming them into sanity, but I doubt it anyone on the Hill reads this blog (Wonkette this ain’t).

My congratulations to new Commissioner Deborah Tate and reconfirmed Commissioner Michael Copps. Sad for me, I will have to work for a living in January after all.

Stay tuned . . . .

The last wireless believer has left the Federal Building

Michael Gallagher, the Assistant Secretary in charge of the National Telecommunications Information Administration (NTIA) is leaving. It looks like a bleak year for those who believe that more spectrum made available to the public will bring greater economic propserity and freedom of speech for all.

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