Earlier this week, as I was doing some side-reading during breaks in my research and preparation for the November 2014 issue of Australian Edge, I came across a clever comic at TheOatmeal.com that purports to explain to Senator Ted Cruz, a Republican from Texas, what "net neutrality" is and why it's important.
I actually tweeted a link to the entertaining illustration, generating several "huzzahs" from my left-leaning followers and friends on Twitter (NSDQ: TWTR) and Facebook (NSDQ: FB).
Those folks most certainly agree with President Obama's position, detailed in a letter and a video posted on the White House website, that "the FCC should reclassify consumer broadband service under Title II of the Telecommunications Act."
Should the Federal Communications Commission follow this prescription, Internet Service Providers (ISP), including Comcast Corp (NSDQ: CMCSA), AT&T Inc (NYSE: T) and Verizon Communications Inc (NYSE: VZ) would be more heavily regulated, a la electric and water utilities.
According to Mr. Obama, the change would acknowledge that "the Internet has become an essential part of everyday communication and everyday life."
Mr. Obama's stance is an explicit rejection of proposed rules that the FCC unveiled earlier this year to allow "paid prioritization." This would permit content providers such as Twitter and Facebook as well as Google (NSDQ: GOOG), Amazon (NSDQ: AMZN) and Netflix (NSDQ: NFLX) to make deals with ISPs to get faster service to their websites--the "fast lane" we've heard so much about in recent months.
These rules are still under consideration and have not been finalized.
Mr. Obama's proposal calls for no paid prioritization, no blocking of any content that is not illegal, and no throttling of Internet services, where some customers have their Internet speeds artificially slowed down.
The proposal also asks that any new rules include mobile broadband, which is already the primary access point for many users.
Most public utilities are essentials for life. Of course water is essential; a human being literally cannot survive without it for more than three days. We could adapt to life without electricity, natural gas and sewage, but it would be a difficult transition.
The public shares in the cost for delivery and maintenance of those services because there are network effects and positive quality-of-life effects from doing so.
Whether the Internet fits with these other essentials is an interesting question.
The FCC regulates the Internet because it emerged from telephone and cable companies. Telecommunications has been highly regulated since the 1930s, amid Franklin Delano Roosevelt's New Deal program to get us out of the Great Depression.
FDR's effort descended from his fifth cousin Theodore Roosevelt's legacy of "trust busting."
The principles that inform regulation of the Internet have their roots in laws set up for railroads in the late 1800s.
But the Internet is vastly different from railroads, and it's vastly different from electricity, natural gas, water and sewage, services that have remained relatively static for more than a century. Wires have always delivered electricity. Pipes deliver gas and water to and take away wastewater from our homes. The bulk of innovation in those services happens at transfer points.
(Of course "distributed generation" may drive a significant change in the way consumers get their power, but that's still a ways off.)
It's hard to make the same sort of generalizations about the Internet; the pace of technological change is what separates it from traditional utilities, and it's impossible to say right now that the way we access it now is the way we'll access it 10 years from now.
Note that the FCC, as Chairman Tom Wheeler and the president have made clear, is not under Mr. Obama's thumb. The agency does not answer to the White House.
Mr. Cruz, perhaps the most vocal of Mr. Obama's congressional antagonists and a probable competitor for the GOP's 2016 presidential nomination, labeled the current White House occupant's "net neutrality" policy "Obamacare for the Internet," adding that "the Internet should not operate at the speed of government."
I don't buy the whole analogy; I think there were serious problems with the US health care system, primarily high costs and only fair-to-middling outcomes, among other gross inefficiencies.
At the same time, after delving a little deeper into the issue this week, it's clear to me that I and other proponents of "net neutrality" harbored misconceptions about the issue.
As open-source networking software developer Dave Taht explained in a June 23, 2014, piece for Wired.com by Robert McMillan, "Most of the points of the debate are artificial, distracting, and based on an incorrect mental model on how the internet works."
In short, the "fast lane" already exists, and it's been around for years. My sense of how the Internet works is old-school, formed in the late 1990s when it was easy to understand. The way it worked then was important, and it provided a foundation for rapid development.
But no longer does Google send stuff into a massive "Internet backbone" of cables and data centers before it streams onto my device via Comcast or Verizon.
Rather, Google, Facebook, and Netflix already have direct connections to big ISPs such as Comcast and Verizon, with dedicated computer servers located inside their networks. These are known as "peering connections" and "content delivery servers."
According to DeepField Networks CEO Craig Labovitz, whose company tracks how other companies build internet infrastructure, "Fast lane is how the internet is built today."
Tim Wu, who coined the term net neutrality, said "The fast lane is not a literal truth. But it's a sense that you should have a fair shot."
And the real issue when it comes to giving up-and-coming companies that fair shot, be it for entrepreneurs starting new content or retail ventures to which the Internet is pretty essential or for potential new ISPs.
Existing government regulation and the current technology created the circumstances for a virtual triopoly enjoyed by Comcast, AT&T and Verizon.
If the internet is classified as a utility, then what incentives do companies or providers have to make it faster and better? And what economic incentives are there for new competitors to enter and try and win market share?
Net neutrality isn't about the Internet itself. It's about access to the Internet. "The last mile," where people connect to the cables and data centers, is uncompetitive.
Big content providers are silent on the issue of net neutrality because they can afford to pay for bandwidth, while smaller players can't. And speed is essential for online retailers, as delays of even fractions of seconds can lead to dropped revenue for startups.
If it takes a long time to make a purchase, browse, bring up web pages and pay it becomes frustrating to shop in your armchair. Having good speed is critical for startups.
The issue the FCC, Mr. Obama and Congress should probably be addressing is the fact that virtually every web company has little choice but to go through the dominant ISPs. And that may give them too much freedom to decide how much companies must pay for fast speeds.
This article originally appeared in the Utility & Income column. Never miss an issue. Sign up to receive Utility & Income by email.
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