Net Neutrality, ICANN, and other issued related to internet infrastructure
Reposting a recent blog entry of mine from the Public Knowledge blog. As Time Warner expands out its usage cap pilot from Beaumont, TX to somewhat more populated and user-intensive communities, users are starting to notice and complain. Hopefully, with the FCC getting the ball rolling on the National Broadband Plan mandated by the broadband stimulus package, we will start to probe into the whole bandwidth cap issue a little more deeply.
More below . . . .
I have no doubt it seemed like a good idea at the time.
The official OMB Guidance to Federal agencies on how to handle stimulus money requires everyone to go through the federal grants portal Grants.gov. Given that the same guidance also requires agencies to coordinate with one another to further the broader interests of the legislation, to streamline things for applicants and grantees, and to track money disbursed under the American Recovery and Reinvestment Act (ARRA) from the moment it leaves the Treasury to the moment it is spent on a shovel, this would appear to make perfect sense.
So, being an independent contractor these days, I decided to try to see how easily the system worked. Surfing over to grants.gov, I see nothing directing me to ARRA, stimulus, or whatever. But that’s OK. Since I know I’m going to need to get registered, I click on the get registered link where — still no specifics about ARRA — I must now choose between registering myself as an organization or as an individual. OK, lets go with “organization.” Here I hit my first roadblock:
Step 1: Obtain DUNS Number
The DUNS number is issued by Dunn & Bradstreet, and appears to be something of a universal identifier for government purposes. Why the government outsourced this function is probably lost in the mists of time, but OK, whatever. Happily, Grants.gov has a link to the Dunn & Bradstreet site to apply for a DUNS Number. This includes the helpful information that, for some reason, Dunn & Bradstreet is a bit backed up at the moment as lots of people are applying for DUNS Numbers. As part of filling, I discover I first needed to figure out my Standard Industrial Classification (SIC) Code. Again, a helpful link takes me to the right website, so all I need to do is figure out if my new business is “consulting” or “business consulting.” so it’s just fill out the rest of the form, submit, and wait.
Now that I have my DUNS Number (did I mention there may be some wait, as they are backed up at the moment), I can proceed to the next step: registering in the Central Contractor Registration Database (CCR Database — and no, they do not provide the lyrics to Bad Moon Rising or any other song). After that, I’m almost ready start applying for actual stimulus money . . . .
I learned two things from this. First, anyone who thinks they might, possibly, perhaps, vaguely could someday want to apply for any ARRA money should go out and get themselves DUNS number so they can get registered in the CCR ASAP. And, to its credit, the OMB guidance said only about a zillion times that agencies needed to go out and evangelize to prospective grantees (especially little ones) to go get DUNS Numbers.
Second, and more importantly, Grants.gov needs an extreme makover — quickly. The idea that I need to get a number so I can register for another number to go into a database that will be redundant with other databases is rather ridiculous in this day and age. worse, it creates a serious barrier to every single desired outcome. The current systems, as it stands, not only makes it hard to apply (especially for small organizations or folks who find out about the procedures at the last minute), it makes it needlessly difficult for the Feds to track the ARRA money.
My recommendation below . . . .
Many folks talk about broadband build out as if it were rural electrification. I do agree with this in one sense — it is a critical part of our infrastructure and links to our tradition of ensuring that we remain one country with access to vital services for all. In this respect, broadband is similar to telephone/voice, electric power, sewage, roads, and other other public utility/natural monopoly type investments. But it is fundamentally different from all of these in a fundamental way. Other public utilities have high initial construction cost, but then have very predictable maintenance and upgrade costs. This makes it possible to solve some problems with a huge one-time grant or, for the private sector to make a serious cap ex investment, but then budget for regular upgrades based on projected need and maintenance based on standard depreciation.
Not so broadband. As our technological capacity increases, we increase both the potential capacity for the network and our capacity to use the network in unpredictable ways. But we have neither public policy nor private sector models that acknowledge this — with the possible exception of Verizon, which solved the problem from their perspective by aggressively pulling fiber/overbuilding capacity as to current demand where profitable and aggressively selling off high cost rural regions. And, while that works for Verizon and its shareholders, it rather sucks from a public policy perspective.
I call this the Zeno’s Broadband Buildout Problem. No matter how much Achilles invests in build out, he will never catch up to the limit of possible upgrades. As I explain below, my tentative conclusion is that the right public policy result is a recognition that we don’t get to do a one time investment and go away, but need to continue to experiment to find sustainable models that factor in growth rather than simply look at build out followed by steady state. I’m not sure beyond that, other than my conviction that anyone who shrugs and says “that’s why the government shouldn’t do this at all” is definitely wrong.
OTOH, it also means I find the speed upgrade in the stimulus package — 45/15 for wireline and 3/1 for wireless — pretty good despite the fact that many of us want to reach the 100 mbps or even 1 gigabit/second capacity for future network needs. Broadband Achillies may not be able to catch up to Bandwidth Demand Tortois, but that doesn’t mean he gets to slack off either. A good swift stimulus in the patootie is actually a pretty good idea, given the open ended nature of the problem.
More below . . . .
Talk to anyone who was involved back in ye olde days of the development of the Internet address system and underlying protocols and they will tell you that most of the major stuff — like the division of the domain name system into generic Top Level Domains (gTLDs) and country code top level domains (ccTLDs) just evolved on their own. Sometimes this worked out real well. Sometimes, not so much. But for better or for worse, these decisions set the pattern for how the internet evolved and created huge policy issues as the internet scaled up from a universe in which everyone knew everyone else to a system of global communications that always seems to be lurching toward — but never quite reaching — total collapse.
I’m not saying I could do better, or that anyone could. Indeed, I can argue that a lot of good stuff happened when people handled problems in an ad hoc manner and that the major effort to put a little forethought and adult supervision over the whole process, the Internet Corporation for Assigning Names and Numbers (ICANN), turned into a total mess.
Nevertheless, it gave me a bad turn to read that RIPE-NCC, which allocates the IP addresses for the European Union, will now allow holders of IPv4 addresses to openly buy and sell these address allocations (you can read the policies around the address allocation here).
Why does this make me uneasy, especially when a gray market in IPv4 addresses already exists? Because it makes fundamental changes in an underlying piece of critical infrastructure. That always makes me queasy, especially when I know that those making the changes have not adequately considered the very many ways this can go badly, as well as the ways in which it can go well. OTOH, I also recognize that, as Ecclesiastes warns, “to the making of many books there is no end, and much study is a weariness of flesh.” (Eccl: 12:12) Somebody needs to act sometime. Nor do I have a very clear idea what I would do instead to solve the IPv4 address exhaustion issue. But I really worry about creating a class of powerful incumbents invested in preserving the value of their IPv4 real estate and opposing transition to IPv6.
For more detail on this than any sane person would otherwise want, see below . . . .
I am seeing in a few places such as App Rising and Slashdot that Fairpoint is planing to force subscribers to use its webmail portal even if they get Yahoo, MSN, or AOL email. This would, of course, be a major violation of the FCC’s “Four Freedoms” by preventing users from accessing the legal content or services they want to access. Which makes me somewhat skeptical that this is actually what Fairpoint intends.
For those just tuning in, Fairpoint acquired most of Verizon’s high-cost rural systems in Maine, NH and VT. Leaving aside the underlying logic and value of the deal to the various parties and local subscribers, the critical point is that Fairpoint will complete its take over of these systems and cease operating them as part of the VZ network on January 31, 2009.
What started the current rumor about Fairpoint’s plans is this article in the Rutlan, VT Herald detailing changes for local subscribers. In particular, the article notes that as a result of the change, users will get Fairpoint.net addresses rather than Verizon.net addresses, and will need to reconfigure their mail clients to pull mail from Fairpoint rather than VZ. Then comes this quote:
Web-based e-mail users can continue to access their e-mail at the Verizon Web site until Feb. 6. After that date, Fastiggi said users will need to log on to www.MyFairPoint.net. Customers then click on Web mail and type in their existing user name@myfairpoint.net and existing password.
AOL, Yahoo! and MSN subscribers will continue to have access to content but will no longer be able to access their e-mail through the third party Web site. Instead, Yahoo! and other third party e-mail will be accessed directly at the MyFairPoint.net portal.
Most folks are reading this as saying that Fairpoint plans to require all users of these services to use the Fairpoint mail portal. But I notice that these are all companies that have various sorts of co-branding agreements with Verizon. This suggests a different interpretation.
Right now, as I understand it, if you are a Verizon-Yahoo customer (or other third party customer) than you have certain access privileges that integrate email to either Verizon or the third-party email service seemlessly. Our VZ-Yahoo customer logs into mail at either VZ or Yahoo’s portal and sees all mail addressed either to xxxx@verizon.net or xxxx@yahoo.com. I should stress that as I am not a VZ subscriber, I am not entirely clear on the details. But it boils down to the fact that VZ has negotiated certain application deals to make itself more attractive and that these deals are seemless to the subscriber. Fairpoint, obviously, does not have these thrid party deals.
What I think the article is trying to say is that whetver special value-add services you got from being a VZ-AOL or VZ-MSN or VZ-Yahoo subscriber, these disappear when Fairpoint takes over on January 31. Rather than have an integrated mail platform for both email addresses, you will need to go to AOL.com and go to their mail portal, which will provide only the mail addressed to xxx@aol.com, and go to the Fairpoint web portal separately to get your email addressed to xxxx@fairpoint.net. But Fairpoint is not planing on interfering with you going to AOL.com and using their website to read your email.
This explanation would make much more sense than the idea that Fairpoint will force you to read any third party email through the Fairpoint web portal. For one thing, it really doesn’t make sense to force all email users to give up their web-based third party emails to use Fairpoint. Nor does it make sense that they would give you access to the entire third party website except their email portal. They could, but why do it? Finally, given what happened to Comcast when they interfered with applications in a much more subtle way that was arguably linked to network management, I can’t imagine what would prompt Fairpoint to court an FCC complaint — especially when state regulators had previously voiced concern about Fairpoint’s ability to provide broadband service for local subcribers.
In any event, I await clarification before going ballistic or engaging in another round of breathless “network neutrality violation” stories. If I’m right and this is just a notice that Fairpoint cannot honor deals made between Verizon and third-party service providers, all well and good. If it is Fairpoint for some reason trying to force customers to abandon third-party email providers and use only Fairpoint, then we have another NN complaint and, most likely, a user revolt and angry letters from various members of Congress and state officials.
Stay tuned . . . .
In what Rob Friedan accurately describes as an obtuseness so thorough it looks suspiciously like deliberate misinformation, the Wall St. J. has yet another piece on what it imagines the network neutrality fight is about and why the best thing in the whole wide world is to do nothing.
Rather than rehash old ground (Rob does a fairly good job of it in his post), I will move on to my handy and simple network neutrality solution. “Simple,” in the sense of being a fairly straightforward piece of legislation. It would pass the buck back to the FCC for implementation — with all the attendant hassle and complications that brings. But from a Congressional standpoint, it is really quite straightforward. In fact, Congress already resolved this problem once a long time ago, back when the FCC was struggling with them new-fangled mobile wireless networks.
How did they do it? And what would I do for broadband? See below . . . .
One of the sad legacies of the Clinton Administration is the never ending circus of internet governance known as the Internet Corporation for Assigned Names and Numbers, or ICANN. The idea, in those optimistic “anything not government is good” days, was to insulate management of the domain name system (DNS) from politics by setting up a structure outside government to handle the name and number system of the internet. The notion was that you could take a critical foundation of the internet’s architecture, on which a company called “Network Solutions” had built a huge business on maintaining a friggin’ database, and prevent people from trying to control it by moving it out of big bad government and into a noble non-profit corporation. As a double protection, they expressly limited ICANN’s mission to “technical coordination” via “private contracts” and absolutely not, not, NOT governance. Oh, and fixing trademark and cyberquatting issues. And having governments involved via the “Government Accountability Committee” (GAC). And creating competition in the domain name registration biz. And DNS security. But other than that, no governance.
Some of us at the time warned (a) that there was nothing magic about government v. non-government, control over a critical resource just about ensured that government-like stuff would happen, (b) you can’t be “no governance, just technical coordination, except whatever” anymore than you can be “absolutely all abstinence except for the no sex part,” and (c) Anyone who thought governments — including the U.S. government — would just let DNS go its merry way and limit input to an “advisory committee” for a “technical coordination body.”
Guess what? Turns out we were right. So now the Obama Administration gets to inherit the perennial problem of how to deal with all the conflicting interests around ICANN and management of the DNS system — a most unrewarding job given the number of conflicting interests and the fact that while the issue is potentially of significant importance to the smooth management of the internet, the actual pay off for any specific decision is pathetically puny compared to the massive headache caused by making a final decision. Which is why this has festered for ten years.
A bit more, and an outrageously simple suggestion, below . . .
Both Dave Isenberg and Tim Karr have already cast a rather skeptical eye over the Wall St. Journal story claiming that Google is in secret negotiations to get “fast lane” treatment for its content in violation of Network Neutrality principles. I’ll therefore limit myself to a few additional points. I’ll not along the way that one of the nice things about having a blog is that I can point to stuff I said a long time ago for the inevitable accusation that I am simply an apologist for the Great Google Overlords.
More below . . . .
Well that certainly didn’t take long.
Richard Bennett has an article at The Register describing BitTorrent, Inc.’s new method for circumventing traffic throttling. Essentially (if I understand it), BitTorrent has altered the way in which its uTorrent P2P application will work. Instead of relying on the Transfer Control Protocol (TCP) uTorrent will now use the User Datagram Protocol (UDP) to move packets. Richard describes what this means and the potential impact of this better than I can. Critically, however, Richard describes this as a means by which BitTorrent can avoid Bell Canada’s targeted traffic management by disguising the nature of its traffic as latency-intolerant (like voice over IP (VOIP))and therefore given priority over other traffic. You can see some discussion of this as a response to the CRTC decision to allow Bell Canada to manage traffic here at DSL Reports.
As I observed only last week, the CRTC decision presents a splendid opportunity to grab some popcorn and watch some other country play games with its critical infrastructure. Mind, since the internet is a global “network of networks,” what happens in Canada is likely to impact me here in the U.S. as well. But I can’t do anything about that. So pardon me whilst I munch my popcorn and enjoy a good dose of Cassandrafruede (a term of my own invention which means “the bitter pleasure experienced when something awful you predicted that could have been avoided if people had listened to you comes to pass, even though you also get screwed through no fault of your own”).
More analysis to go with my popcorn below . . . .
According to this official news release, the Canadian Radio-Television and Telecommunications Commission (CRTC) denied a request from the Canadian Association of Internet Providers (CAIP) to stop Bell Canada from throttling without notice the traffic of rival ISPs leasing access to Bell Canada’s network. Instead, CRTC punted to a general inquiry on traffic shaping.
According to Michael Geist, expert on all things telecom and Candian and general super-smart guy, this is not the last word from the CRTC on the question. But since — according to the public notice — the first public hearing on the subject is scheduled for July 9, 2009, Canadian ISPs can look forward to a considerable period of time when they live at the mercy of their largest rival.
This does not depress me, as I do not live in Canada. Rather, I am excited at the prospect of some other country (for a change) deciding to make offerings to the Gods of the Marketplace and play games with its critical infrastructure while I get to watch. Until now, Canada has generally been outranking us in the international rankings on penetration, although it ranks less well on affodability and only so-so on speed (as compared to countries with real broadband). Those who see such things as relevant (and not everybody does, the situation is complex and the data messy, hard to come by, and subject to multiple interpretations) generally regard this as a consequence of bad policy choices by the FCC (again, not everyone agrees, the data — to the extent we even have data — is very messy and complex). In particular, a lot of us think that the decision to eliminate mandatory wholesale access and rely on “intermodal” competition was a phenomenally bad idea.
Now we may get a chance over the next few years to test this hypothesis, and at someone else’s expense! Go Canada!
More below . . . .
