February 25, 2008

Comcast vs. BitTorrent to be focus of FCC hearing

By Anne Broache, News.com
Published on ZDNet News: Feb 22, 2008

The high-profile squabble over Comcast's slowdown of BitTorrent file-sharing traffic–and broader questions of network handling by Internet service providers–is set for public scrutiny Monday at a federal hearing.

This time, the Federal Communications Commission will depart its headquarters just off the National Mall in Washington and head north to a courtroom on Harvard Law School's campus in Cambridge, Mass. (The FCC wouldn't comment on why the site was selected, but Boston is the home turf of Democratic Rep. Ed Markey, who chairs a House Internet subcommittee.)

The hearing, which will be open to the public on a first-come, first-served basis and be otherwise accessible via an "audio-only" Webcast on the FCC site. It's an outgrowth of the agency's recently launched inquiry into what constitutes "reasonable" network management practices by Internet service providers.

The FCC in 2005 said broadband companies should not block or interfere with lawful Internet use, unless they're doing so for "reasonable" network management purposes, but revelations that Comcast was stalling uploads to BitTorrent protocol clients raised new questions about what "reasonable" means.

The public forum will give the commissioners a chance to quiz company executives and networking experts, and perhaps reveal what they may do next. The regulators have already accepted thousands of written comments from private citizens, interest groups, and corporations concerned about the topic. They may choose, based on the comments, to start a process that would more clearly establish what Internet service providers may and may not do, but they're not obligated to do so.

The event–coupled with Rep. Markey's introduction of an arguably less-regulatory Net neutrality bill last week–also signals a clear revival of a temporarily dormant debate over whether Net neutrality laws are needed.

"What we're going to see on Monday is a trial of the Internet," said Columbia Law School Professor Tim Wu who has written extensively in favor of Net neutrality regulations and is slated to speak on a panel Monday. "Comcast is in the docket, accused of crimes against the public interest, and we'll see how well they are able to defend themselves."

Net neutrality, of course, is the idea that network operators like AT&T and Comcast should be prohibited from prioritizing Web content and applications, or charging content owners extra fees for premium delivery. Two years ago, Congress considered handing the FCC extensive power to regulate Internet practices, but it rejected the proposals.

Proponents say such policies are necessary to promote democracy itself–and to ensure that little guys won't be squeezed out of the Internet ecosystem in favor of larger, deeper-pocketed entities. But opponents, including the network operators, say they deserve flexibility to manage their networks as they see fit to serve their customers' interests–for instance, blocking spam and ensuring that use of high-bandwidth applications by some users at peak times doesn't clog the pipes for everyone else.

This brings us back to the question currently before the FCC–what is "reasonable" network management, anyway?

 

On Monday, the FCC commissioners may offer a clearer glimpse of where they stand. The commissioners will have the chance to question Comcast Executive Vice President David Cohen, along with executives from Verizon Communications, BitTorrent, Sony, and online video-sharing site Vuze.

Each of the commissioners has already shown some indication of whether they're for or against Net neutrality-type regulations. Chairman Kevin Martin and fellow Republican commissioners Deborah Tate and Robert McDowell have tended to believe that regulations aren't needed and that the market can settle any concerns about unfair prioritization of Internet content, while Democratic commissioners Michael Copps and Jonathan Adelstein have tended to favor stiffer rules against traffic discrimination. This is an echo of what happened in Congress, where votes took on a sharply partisan tone.

Martin has, however, indicated recently that a key part of "reasonable" network management practices is making them transparent to customers–something that critics say didn't happen in the Comcast episode.

The hearing is largely a response to public outcry over Comcast versus BitTorrent. Shortly after those reports emerged, a coalition of consumer advocacy groups that support Net neutrality regulations–including Free Press, Public Knowledge, Media Access Project, and Consumers Union–petitioned the FCC to proclaim that "degrading peer-to-peer traffic" violates federal broadband policy.

In a separate but similar petition, the video file-sharing application Vuze asked the FCC to "clarify" what it means by "reasonable network management"–and, more specifically, "to establish that such network management does not permit network operators to block, degrade or unreasonably discriminate against lawful Internet applications, content, or technologies."

The FCC is weighing whether to grant either of those requests.

Comcast, for its part, has already told the FCC in written comments that its actions are completely reasonable. The cable company said it slows down only file uploads that rise to the level of "excessive" and that could interfere with other users' buying viagra in the uk experience during periods of peak network congestion.

But BitTorrent firms have countered that the behavior is "anticompetitive" because it stymies the flow of legal video content that competes with TV programming offered by the cable operator.

Verizon has said it sees no need to interfere with file-sharing traffic at this point, citing fewer bandwidth constraints than Comcast encounters, but it respects the need to do so.

"While Verizon is not in a position to address the particular facts, circumstances, or reasonableness of Comcast's network management practices, the petitioners' sweeping arguments ignore the real-world need for broadband providers to manage their networks in a wide range of contexts and using a variety of methods in order to deliver high-quality and safe broadband services to their consumers," Verizon wrote in comments filed with the FCC.

Sony said in its written comments to the FCC that as a major provider of video content, it supports Vuze's call for clarity on the "reasonable" network management definition. Without FCC scrutiny–or perhaps even regulation–there may be no way of ensuring that "facially legitimate network management tools" don't limit competition in the market for Internet video content, wrote Jim Morgan, the company's government affairs director.

Also scheduled to speak (PDF) at the hearing Monday are Massachusetts legislator Daniel Bosley, a Democrat who leads a technology committee; University of Pennsylvania law professor Christopher Yoo, who has argued against Net neutrality regulations; and three Massachusetts Institute of Technology professors who specialize in network management issues. And, of course, Rep. Markey is scheduled to appear.

The action isn't expected to stop beyond the hearing-room walls. The SavetheInternet.com coalition, whose members include scores of nonprofit groups, small businesses, and bloggers, said it plans to record testimony outside the hearing from members of the public who wish to speak their minds.

Vuze is also inviting Internet users to submit "video testimony" about broadband network management issues to the "FCC Channel" at its Web site. FCC Commissioners are planning to respond to some of the videos during the hearing, and they'll also be made part of the formal public record, Vuze said.

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February 24, 2008

Support for Markey bill as Comcast strikes at FCC power

February 18th, 2008

Posted by Richard Koman @ February 18, 2008

Google, Amazon.com — as well as FreePress and Public Knowledge — are lining up in favor of Rep. Ed Markey’s new version of net neutrality legislation, PC World says.
In the last go-round of the net neutrality debate — in which legislation went down to failure — the big ISPs claimed there was no need for the “added regulation.” But in the aftermath of Comcast’s throttling of upstream BitTorrent traffic, something buy viagra sydney “remarkable” has happened.
In its response to a petition by Free Press, Comcast argued that the FCC has essentially no enforcement powers against its actions.

“Free Press mistakenly relies on the [2005 FCC] Internet Policy Statement as creating rules the commission can enforce,” Comcast said.

Markham Erickson, the Open Internet Coalition’s executive director, said Comcast’s assertion:

appears to declare war on Internet users, policy makers and even the FCC. It essentially says that the FCC has no legal ability to protect consumers from discriminatory behavior.

Comcast denied that interpretation.
The Markey bill is not as far-reaching as the bills that died last year but Gigi Sohn, president of Public Knowledge, says: “It’s the right bill at the right time.”
The bill calls for the FCC to conduct a study with eight public comment sessions around the country. The telecoms’ “communication” outfit, Hands Off the Internet, looks to be ready to fight even this year’s watered-down version:

There’s no question that a reasoned examination of the facts will demonstrate the folly of net neutrality. However, we are concerned that an effort to seek public input is intended to be a stalking horse for federal Internet regulation. The continued push by special interests to regulate Internet neutrality undercuts the best hope Net users have for faster, more affordable broadband.

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February 13, 2008

Arista v. Does 1-21: What’s at Stake for the Rest of Us

If it wasn't bad enough that the Recording Industry Association of America's (RIAA) lawsuits against file-sharers are futile, unfair, and immoral, the RIAA is also beginning to distort the law. In many of these cases, the recording industry is urging judges to accept controversial legal theories on the proper way to bust file sharers. It's not clear whether this is a tactical effort to cut legal corners to save money, or a strategic effort to build lower court precedents for use in other cases.

Either way, these are frequently extremely unfair fights (such as in Atlantic v. Howell, where the defendant can't even afford a lawyer), and thus bad vehicles for making controversial new law. The judges simply aren't hearing both sides.

EFF is trying to do something about that.

EFF filed an amicus brief in Arista v. Does 1-21, a case against 21 Boston University students whose identities are being sought through a subpoena to the university. One of the anonymous students filed a motion to quash the subpoena, which is now pending before Judge Gertner in Boston. EFF's brief in Arista v. Does 1-21 focuses on two issues that have been the subject of several EFF briefs in the past: First Amendment protection for anonymous speech and clarifications between "distribution" and "making available" in the filesharing context.

For the amicus brief filed best place to buy viagra by EFF in Arista v. Does 1-21:

http://www.eff.org/files/arista-amicus.pdf

For the EFF report "RIAA v. the People: Four Years Later":

http://w2.eff.org/IP/P2P/riaa_at_four.pdf

For this complete post by EFF Senior Staff Attorney Fred von Lohmann:

http://www.eff.org/deeplinks/2008/02/arista-v-does-1-21-getting-riaa-play-rules

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February 5, 2008

Who links to my website?

Q:
I have my own personal Web site and I was wondering if there was any way I could find out which sites use mine as a reference or any that just mention my site. What's the easiest way to do that? Please help!

A:
That's a very good question! If you maintain your very own Web site, whether it be for personal use, for a business or whatever, wouldn't it be interesting to find out what other Web sites link out to your homepage? Then let's do it!

Often times, other Web site administrators will come across your site and see something they would like to include on theirs. For example, this happens a lot with WorldStart's wallpaper. We get e-mails everyday from people asking if they can include our wallpaper on their Web site. Fortunately, we are very open to letting other people use our material, as long as they give us proper credit. So, if you have a business Web site and you have a daily business tip (or something similar), other people may be interested in using that on their site as well. (as long as proper credit is given!)

This type of thing is very common. Most people seem to like it, because it gives their site more recognition and it helps get the word out to more places. On the other hand, some of you may not like your material being used on other sites. That is, of course, perfectly fine, because it is your Web site. You own it, you run it and you can do what you want with it!

Either way, this next little trick I'm going to share with you will help you see which Web sites have links to yours, which in turn, anyone can see. If you like the recognition, you can always go and check to make sure the site is giving you proper credit and if you don't like the situation, you can always go to the site, look up the administrator's contact information and you can e-mail them and ask them to remove your material from their site. They have to comply with you, because it's your property! But, all in all, you can see this tip is good for either side of the track. Alright, here we go!

This trick is for the Google search engine only. alternatives to viagra Go to Google's homepage and in the search box, you're going to type a simple line: link:yoursite.com. When you're done, just click on Search.

You will, of course, change the "yoursite" part to your Web site's address. For instance, I wanted to check out how many sites have WorldStart's information linked. So, I went to Google and typed in link:worldstart.com. Several entries came up, which didn't surprise me, but it was neat to see all of them! I also tried doing one for MySpace, so I typed in link:myspace.com and even more came up for that.

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February 3, 2008

A Polite Message from the Surveillance State

By Annalee Newitz, AlterNet. Posted January 29, 2008.

If only the government would warn you when it was recording your conversations, like Google.

Say what you want about Google being an evil corporate overlord that steals all of your private data, turns it into info-mulch, and then injects it into the technoslaves to keep them drugged and helpless. There are still some good things about the company. For example, Google's IM program, Google Talk, sends you a warning message alerting alternative to viagra you when the person on the other end of your chat is recording your chat session.

Just the other day I was chatting with somebody about something slightly personal and noticed that she'd suddenly turned on Record for our chat. I knew everything I was saying was being logged and filed in her Gmail. In this case I wasn't too concerned. For one thing, I wasn't saying anything I'd regret seeing in print. I'm used to the idea that anything I say on chat might be recorded and logged.

What was different about this experience was that Google warned me first — told me point-blank that I was basically under surveillance from the Google server, which would automatically log and save that conversation. I appreciated that. It meant I could opt out of the conversation and preserve my privacy. It also meant that other people using Gtalk, who might not have had the expectation that all of their chat sessions might be recorded, would be enlightened.

It also reminded me forcefully that Google is a far more polite and privacy-concerned evil overlord than the United States government.

Right now members of Congress are trying to pass a law that would grant immunity to large telcos like AT&T that have been spying on their customers' private phone conversations and passing along what they've learned to the National Security Agency. The law, called the Protect America Act, would allow telephone and Internet providers to hand over all private data on their networks to the government — without notifying their customers and without any court supervision of what amounts to mass wiretapping.

Last year the Electronic Frontier Foundation sued AT&T for violating the Fourth Amendment when a whistle-blower at AT&T revealed that the company was handing over private information to the NSA without warrants. That case has been working its way through the courts, and making some headway; in fact, it was starting to look like AT&T would be forced to pay damages to its customers for violating their rights. But the Protect America Act would stop this court case in its tracks by granting retroactive immunity to AT&T and any other company that spied on people for the NSA without warrants.

The whole situation is insane. First, it's outrageous that telcos would illegally hand over their private customer data to the government. And second, it's even more outrageous that when its scheme was discovered, the government tried to pass a law making it retroactively legal for AT&T to have broken one of the most fundamental of our civil rights: protection of our private data from the government.

Imagine what would happen if the phone and Internet systems in our country had the same warnings on them that Gtalk has. Every time you picked up the phone to make a call or logged on to the Internet, you'd get a helpful little message: "Warning: the government is recording everything that you are saying and doing right now." Holy crap.

The good news is that it's not too late. The Protect America Act must pass both houses of Congress to become law, so you can still alert your local congress critters in the House that you don't want retroactive immunity for telcos that are logging your private conversations for the NSA. Find out more at stopthespying.org.

And remember, everything you say and do is being logged. This polite message has been brought to you by the surveillance state.

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