information service – Wetmachine

Speakeasy now blocks calls — this is getting serious.

Harold October 1, 2009 - 1:37 pm February 24, 2013Series of Tubes, Tales of the Sausage Factory

In the wake of reports that Google Voice is blocking calls to “traffic stimulator” sites (like free conference calling and free porn sites), Speakeasy has now changed its terms of service to explicitly block calls to these sites with its VOIP product. To its credit, Speakeasy directly informed its users (a friend forwarded me the email reproduced below). But this now elevates the question of VOIP providers and calls to a new level.

The FCC has danced around the regulatory status of “interconnected VOIP providers” (meaning VOIP providers that connect to the regular public switched voice network (or PSTN)). It has required regular phone companies to interconnect with VOIP providers in the famous Madison River case, and subjected VOIP providers to Enhanced 911 rules and CALEA, but has shied away from calling them telecommunications services. So the ability of VOIP providers to engage in the kind of “self-help” the FCC said was off-limits when the traditional Title II phone companies tried it. (Actual Order here for us legal buffs).

I’m not making a specific recommendation here because I’m still trying to gather info. As a general rule, I despise regulatory chameleons who shift regulatory treatment based on what their best interest. If you want to be a Title I information service and be able to refuse to connect calls, don’t complain when you get blocked because you are not eligible for mandatory interconnection under Title II. But I’m also well aware that reality matters and its intrinsic messiness means that these inclinations need to be guides rather than hard and fast rules. I am aware of my ignorance of the factual situation enough to know that I’d like to have a lot more information about the nature of the services and the regulatory environment (about which I know only enough to make my usual uninformed guesses).

But the one thing I can say definitively is that the longer this goes on without any FCC response, the more VOIP providers are going to look to save themselves money by blocking these “free conference call” sites.

Stay tuned . . . .

AT&T Falls Back on “It's All About Google” Strategy

Harold September 25, 2009 - 5:38 pm February 24, 2013General, Tales of the Sausage Factory

For some years now, the opponents of Network Neutrality have had the same basic fallback strategy: When all else fails, make it about Google. So no surprise that AT&T, in a letter supposedly about the rather technical issue of “traffic pumping” opens with an attack on Google and Net Neutrality. Because if we have learned anything from our national healthcare debate, it is that it is more important to make this about how awful the other side is rather than debate the merits.

More below . . . .

Put Up Or Shut Up At the FCC on Net Neutrality “Principles”

Harold November 1, 2007 - 7:35 pm November 1, 2007Series of Tubes, Tales of the Sausage Factory

When the FCC deregulated broadband by declaring it an “information service,” it also adopted four principles that purported to give broadband subscribers a right to “access lawful content of their choice,” “run applications and services of their choice,” “connect their choice of legal devices that do not harm the network,” and enjoy “competition among network providers, application and service providers.” All subject to “reasonable network management,” of course. So when a bunch of us in 2006 pressed Congress to pass a network neutrality law, a lot of folks claimed we didn’t need one because the FCC already had the authority to deal with any problems that might arise. And, when questioned on this very subject at his confirmation hearing for a second term, FCC Chairman Martin said the FCC had ample authority to deal with any violations of the four principles that might arise.

Thanks to Comcast and their decision to “manage” their network load by degrading BitTorrent,it’s put up or shut up time at the FCC. My employer, Media Access Project, along with Free Press and Public Knowledge, just filed a formal complaint against Comcast and a general Petition for Declaratory Ruling asking that the FCC hold that deliberately messing with a customer’s application while refusing to admit doing it when asked pint blank violates the FCC’s “four principles” and does not constitute a “reasonable network management practice.” This will also press the FCC to find out exactly what the heck Comcast is actually doing (since some folk remain uncertain). Given that Comcast initially denied the very idea as “internet gossip,”, instructed their line staff to lie to customers about it, and are still maintaining that nothing of interest is going on, it looks like the only way will actually find out what the heck is going on and why is to have the FCC pry it out of them.

Hey, maybe they are telling the truth. But the FCC is in a much better position to know whether Comcast is deliberately lying to its customers and, if so, why. Because while my friend and opposite number Jim Harper at Technology Liberation Front may be content to see if the market punishes Comcast for its “lack of transparency”, I see a lot of bad consequences in letting Comcast throttle traffic as a network management tool and then lie (or, at best, mislead) about it when asked about it point-blank by their customers.

At any rate, whether folks think we should regulate this kind of behavior or not (and I recognize that a number of smart folks not employed by cable operators feel we shouldn’t regulate this even if everything bad said about Comcast is true), we deserve to know whether the FCC has the authority to regulate this behavior, and the willingness to do so on an enforcement basis. Because if the cable and telco companies that swore up and down that we didn’t need new rules now come in and say the FCC has no authority to take complaints about their behavior after the fact or no authority to order any remedies, then we should know that. And if the FCC is going to leave us high and dry when broadband providers start degrading applications, then we should know that. Because while some folks may think that lying to your customers is an acceptable network management technique, or even an acceptable technique for managing elected members of Congress, I think most Americans would disagree. And I certainly want to know that by November ’08.

Stay tuned . . . .

FCC Meeting for November 3 . . . . It Just Keeps Getting Stranger

Harold October 31, 2006 - 7:00 pm February 24, 2013Tales of the Sausage Factory

The FCC has issued the agenda for it’s November 3 meeting. Gone is the proposed Notice of Inquiry on Network Neutrality. And a number of non-merger related items have popped up instead. Meanwhile, the trade press report a hot and heavy debate around forcing AT&T to divest wireless spectrum to create a real competitor (you can read the comments I wrote for Media Access Project here).

My thoughts on all these doings below . . .

DSL Item Released — coulda been worse

Harold August 5, 2005 - 12:55 pm February 24, 2013General, Tales of the Sausage Factory

After pushing the FCC’s open meeting off for a day and then delaying another hour and half to reach a compromise, Martin got his DSL reclassification order by a uninamous Commission. Instead of the complete deregulation proposed by Powell, the Commission will take steps to protect “network neutrality” and will take steps to protect various other “social” policies (including, unfortunately for us civil libertarian folks, the ability of the FBI to read your email).