Posts about netneutrality

Send your comment to the FCC on net neutrality. Here’s mine.

I just filed my comments on net neutrality with the FCC, adding to the 647,000 already there. You should, too. It’s quick. It’s easy. It’s important. It’s democracy. Do it here. And do it by July 15, the deadline. [Note: The deadline was extended to July 18.] Here’s mine:

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I am Jeff Jarvis, professor and director of the Tow-Knight Center for Entrepreneurial Journalism at the City University of New York and author of the books “Public Parts” and “What Would Google Do?” and the ebook “Gutenberg the Geek.”

I ask you to govern your decisions regarding net neutrality and broadband policy according to the principles of equality that have made the internet the powerful engine of freedom, speech, innovation, and economic development that it has already become.

As Sen. Al Franken said at the South by Southwest conference in 2011, we proponents of net neutrality are not asking you to change the internet; we are asking you to protect the net from change imposed by the companies trying to exploit their positions of control. “We have net neutrality right now,” Sen. Franken said. “And we don’t want to lose it. That’s all. The fight for net neutrality isn’t about improving the Internet. It’s not about changing the Internet at all. It’s about ensuring that it stays just the way it is.”

I put it this way in a question to then-President Nicolas Sarkozy at the eG-8 meeting he convened in Paris that same year: “First, do no harm.” I urge you to take that Hippocratic Oath for the net. Do not allow it to change. Preserve its equality.

The first principle upon which the net must be maintained is that all bits are created equal. If any bit is stopped on its way by a censor in China or Iran … if a bit is slowed by an ISP because it did not carry a premium toll … if a bit is detoured and substituted by that ISP to promote its service over a competitor’s … or indeed if a bit is spied upon by the government of China or Iran or the United States … then no bit can be presumed to be free. The net is built edge-to-edge so that anyone can speak with anyone without discrimination.

Another principle upon which the net must be maintained is that it is open and distributed and if any institution — government or corporate oligopoly — claims sovereignty over it, then it is no longer the net. Of course, I recognize the irony of asking a government agency for help but that is necessary when a few parties hold undue control over choke points in this architecture. The real answer is to ensure open and broad competition, for any provider in a competitive marketplace that offers throttled, incomplete, inferior service will lose; in an oligopoly, such providers use their control for profitability over service. Corporations by their nature exploit control. Government protects consumers from undue exercise of such control. That is your job.

Google Executive Chairman Eric Schmidt has offered another principle: the permissionless nature of the net. “Let’s give credit to the people who foresaw the internet, opened it up, designed it so it would not have significant choke points, and made it possible for random people including twenty-four-year-olds in a dorm to enter and create,” he said.

My entrepreneurial journalism students can barely afford to start the companies they are creating, the companies that I believe will be the salvation of journalism, scaling up from the bottom, not from the top. Innovation, we already know, will come from the entrepreneurs over the corporate incumbents. These entrepreneurs cannot afford to pay premiums to ISPs for access to their customers.

We know that corporate incumbents in this industry will abuse the control they have to disadvantage competitors. I filed a complaint with the Commission last year when Verizon refused to connect my Google Nexus 7 LTE tablet to its network as required by the Commission’s own rules governing that spectrum as “open.” The incumbent ISPs have demonstrated well that they choose not to understand the definition of “open.”

“Changes in the information age will be as dramatic as those in the Middle Ages,” James Dewar wrote in a 1998 Rand Corporation paper. “The printing press has been implicated in the Reformation, the Renaissance, and the Scientific Revolution, all of which had profound impacts on their eras; similarly profound changes may already be underway in the information age.” The internet is our Gutenberg press. Note well that it took 50 years after the invention of Gutenberg’s press for the book to take on the form we know today. It took 100 years, says Gutenberg scholar Elizabeth Eisenstein, for the impact of the book on society to be fully recognized. It took 150 years and the development of postal services before anyone thought of using the press to create a newspaper and 400 years — with the advent of steam technology and mass production — before newspapers were in the hands of the common man and woman.

We do not know what the internet is yet and what it will foster. It is too soon to limit it and to grant control over it to a few, powerful companies. I urge you to protect its freedoms by enforcing a principle of net neutrality and to nurture its growth and development with a broadband policy that fosters competition over control and — here is my best hope — I urge you to establish the principle of a human right to connect to the network with equality for all.

Thank you.

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Read the latest comments here. (Mine is not posted yet. I assume it will be after the weekend.)

Verizon thinks the net is its newspaper

Verizon makes its arguments against the FCC’s net neutrality rules — and they are fraught with danger.

Verizon sees the net as its newspaper and believes it has First Amendment rights to control what goes on the net. This is why Doc Searls has taught me that it is dangerous to see the net as a medium. No, the net is a network and Verizon only offers access to it.

But there’s the next argument: Verizon says the net is its private property and so it makes a Fifth Amendment claim that imposing restrictions on its ability to impose restrictions on the net is like confiscating property without compensation.

Danger, danger!

The First Amendment argument is absurd on its face. Does Verizon really want to be responsible for everything distributed on the net, including libel, theft, and other illegal behavior? I doubt it. Verizon is no publisher.

The Fifth Amendment argument is a corner we’ve painted ourselves into by finding ourself dependent on a public good privately owned. But just as we make restrictions on private property — I can’t build a gas station on my house; I have to give access to public utility workers — so must we here.

We need a SOPA/PIPA/ACTA-level fight for net neutrality, for not allowing Verizon et al to mess with the net. We need a principle: First, do no harm. You might want to at least start here, by signing the Declaration of Internet Freedom.

Leave our net alone*

The internet’s not broken.

So then why are there so many attempts to regulate it? Under the guises of piracy, privacy, pornography, predators, indecency, and security, not to mention censorship, tyranny, and civilization, governments from the U.S. to France to Germany to China to Iran to Canada — as well as the European Union and the United Nations — are trying to exert control over the internet.

Why? Is it not working? Is it presenting some new danger to society? Is it fundamentally operating any differently today than it was five or ten years ago? No, no, and no.

So why are governments so eager to claim authority over it? Why would legacy corporations, industries, and institutions egg them on? Because the net is working better than ever. Because they finally recognize how powerful it is and how disruptive it is to their power.

And that is precisely why we must fight against their attempts to regulate it, to change it, to throttle it, to oversee it, to insert controls into it, to grant them sovereignty over it. We also must resist the temptation to compromise, to accept the lesser of evils. Last week, Federal Communications Commissioner Robert McDowell warned of the danger of the U.N. asserting governance over the net, but then he turned around and argued that “merely saying ‘no’ to any changes to the current structure of Internet governance is likely to be a losing proposition.”

Why? I repeat: It’s not broken. This is why I urged French President Nicolas Sarkozy to take a Hippocratic oath for the net. This is why I have come to side with Sen. Al Franken on at least this: Net neutrality is not regulation; it is protecting the net from companies trying to change it. This is why the Reddit community is writing the Free Internet Act.

This is why I argued in Public Parts that we must have a discussion of the principles of an open society and the tools of publicness that enable it. This is why I wrote Public Parts. And that is why I’m posting the last chapter of the book, which argues that governments and companies are not protectors of the net and that we must be.

It’s not broken. Don’t fix it. Leave our net alone.

*Sung to the tune of….

We don’t need no regulation.
We dont need no thought control
No dark sarcasm in the network
Government: Leave our net alone
Hey! Government! Leave our net alone!
All in all it’s just another brick in the wall.
All in all you’re just another brick in the wall.

A Hippocratic oath for the internet

First, do no harm.

That is the message I would like to bring to the e-G8 summit on the internet gathered by French President Nicolas Sarkozy this week in Paris.

I am apprehensive about a meeting of government and industry that begins with the presumption that they wield authority over the internet, the people’s internet. Cory Doctorow decided not to attend, declaring it a “whitewash” for regimes that are at “war with the free, open net.” Perhaps that’s the right decision. Given the chance to go, I decided to witness it up close and say what I have to say so at least I can say I said it. And that is this:

The internet was born open, free, and distributed. As conceived and built, all bits are created equal. It must stay that way. Sarkozy called this meeting to discuss the growth of the internet. It will grow only if it is open and free.

Like John Perry Barlow, I believe that governments have no sovereignty in the net. There is no consent of the governed as there are no governed there. Governments are not the appropriate bodies to protect the internet. When one government assumes that authority, all will. If the U.S., the U.K, the E.U., the U.N., or the G8 impose their wills on the net — no matter how benevolent they claim to be (and none should be trusted) — then China, Iran, Turkey, Saudi Arabia, and no end of tyrants and despots will also claim the right to govern the net. We will end up living under the high water mark of regulation. That means the death of the open net and all it affords society. Instead of reducing the internet through regulation, government should protect the internet.

Companies are also not to be trusted as protectors of the net. Even as I praised Google for at long last deciding to stop doing the bidding of censorious Chinese dictators, it was negotiating a cynical devil’s compact with Verizon to apportion the net into a neutral wired net and a constrained wireless net. No, companies are not to be trusted. The most appalling thing about the Google-Verizon-FCC pact was that the people were not at the table. These companies and agencies presume to cut up our internet and do not even try to give the appearance of including us. That is the dangerous vacuum they try to fill.

Some argue that protecting net neutrality is a form of government regulation. At South by Southwest, Sen. Al Franken convincingly counters that all net neutrality is doing is assuring that the internet is not changed, not perverted from its original state of freedom. He exhorted the crowd of net people, creative people, and entrepreneurs: “It is time for us to use the internet to save the internet.”

The pity is that this meeting on the future of the internet and its growth was called by a head of state and not by us, the people of the net. We have only ourselves to blame. Imagine if this meeting had instead been called by some other body closer to the people with preservation of net freedom as its agenda: an Electronic Frontier Foundation, a Mozilla Foundation, a Berkman Center, SXSW, a university, students in Egypt, an ad hoc disorganization of people online… who?

And what would such an assembly do? I have argued that we need to have a discussion of the principles of the net. I don’t think we will ever get much past discussion, as I do not want to see the imposition of governance on the net from government or corporations or self-appointed bodies, either.

But we must have an open and vigorous discussion of principles so we can discern the shape of our beliefs. In the course of that, I argue at the conclusion of my book Public Parts, “some truths will become self-evident. We will come to examine what matters to us and what we must protect. We will expose different views, priorities, dangers, and needs. Most important, we will have an expression of some principles to point to when powerful institutions try to control our net and diminish our publicness, power, and freedom.”

I welcome the discussion in Paris. I wonder about context set by the convener and the congregants it gathers. Yes, government should be at the table. See German Justice Minister Sabina Leutheusser-Schnarrenberger also calling (auf Deutsch) for a debate over digital values. Yes, companies should be at the table. Like it or not, they build the net. But the table should be ours, not theirs.

There have been many attempts to craft bills of rights for the net, from the Association for Progressive Communications, to a group of Chinese intellectuals, to the Internet Rights and Principles Coalition, to the Brazillian Internet Steering Committee, to the Facebook users who wrote a set of social rights. There is much good thinking there. I offer mine to add to the discussion, broadening it, I hope, to embrace not only the openness of the internet but also the principles of publicness (I go into these in greater depth in my book):

I. We have the right to connect.
II. We have the right to speak.
III. We have the right to assemble and to act.
IV. Privacy is an ethic of knowing.
V. Publicness is an ethic of sharing.
VI. Our institutions’ information should be public by default, secret by necessity.
VII. What is public is a public good.
VIII. All bits are created equal.
IX. The internet must stay open and distributed.

The last one is the internet’s best protection: its own structure. To the leaders gathered in Paris, I say of that architecture: Primum non nocere. First, do no harm.

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I am also set to be on a panel about privacy and data. There, I plan to say that the framing of the discussion is limited and prejudicial. Why is the discussion about privacy? It should also be about protecting publicness.

The internet is our greatest tool of publicness ever. It is everyperson’s Gutenberg press. It enables anyone to speak to everyone. It allows revolutionaries to organize and supports their revolutions. It brings transparency to governments and markets. It helps us find and organize our own publics, across boundaries, apart from mass labels. We should be discussing protecting the internet rather than protecting us from it.

In Der Spiegel (auf Deutsch), Christian Stöcker warns against the demonizing of tools. That is, I fear, the starting point of this discussion, like so many others. If this discussion is about the growth of the internet, then we should guard against restricting it because of prospective fears before we even fully understand it.

At this entire meeting, we must be aware of the internet as a means of disruption. That is why it frightens institutions of legacy power and why they hope to regulate and limit it, using convenient masks — privacy, security, civility…. And that is why I worry when those institutions call a meeting to discuss governing the agent of their own disruption.

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There is no reason for me to be at the E-G8 except that I happen to know people who invited me (after the initial lists were out). No one elected me. I have no standing to represent anyone. But I would like to try to represent some of your views, as best I can. So please enter into the discussion here.

(Full disclosure: As an academic without corporate support, I accepted travel accommodations from Publicis, which is organizing this meeting on behalf of the French government. I did not pay nor am I being paid to attend.)

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: Here is the NY Times’ preview of the event. AFP’s. Reuters‘. WSJ’s.

: Here is a petition urging Sarkozy et al “to publicly commit to citizen-centered policies like expanding internet access for all, combating digital censorship and surveillance, limiting online intermediary liability, and upholding principles of net neutrality.”

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FROM PARIS: I got to ask my question of Sarkozy this morning. He acknowledged in his talk today that government does not own the internet. I said that if a government asserts authority over the internet, any internet can. So I asked him and the G8 to take the Hippocratic pledge: First, do no harm.

He mocked the question, saying that was easy, that he would take the pledge. Ah, but then he defined harm. He asked whether it was harmful for the government to protect intellectual property, security, children… Having no microphone now, I could not say that, indeed, it could be harmful.

I write from the city where Gutenberg’s erstwhile partner and funder, Johann Fust, was nearly arrested because he came here to sell printed Bibles. The booksellers in Paris called the policy on him, declaring there was no way he could have so many Bibles except from the work of black magic. Well, today, the internet is still black magic. We don’t know what it is yet. To define it, restrict it, regulate it, limit it before we even know what it is, there is danger there.

Yes, President Sarkozy, you can do harm.

: Here is video of Sarkozy’s talk and my Q&A (starting at 48:10):

: LATER: Here’s Dave Morgan’s good summary of the event.


UPDATE: It’s looking more and more to me as if the New York Times report that provoked the first half of this post went too far. See the footnote below with denials of a deal from Verizon and Google, though those statements leave much to be asked: namely, what are the discussions; what is the compromise over net neutrality? But I just read this from a CNBC interview with Eric Schmidt that spoke more clearly: “Schmidt clarified that the net neutrality he advocates is not a neutrality between different types of content, but between the same type of content. He wants to make sure that there’s no discrimination between one video download over another.” So under that rubric, a YouTube video would not get discriminatory treatment over my video.

Update on the update: The Times stands by its story. What we need here is a good dose of transparency. It is, again, our internet they’re talking about.

The original post:

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The report that Google is making a devil’s pact with Verizon for tiered internet service is disturbing because I wonder whether people inside Google are still asking that vital question: “Is this evil?” I wonder whether Google is still Google.

I don’t mean to come off like a high priest of the net neutrality church. But if ISPs like Verizon can charge tiered pricing for quality (vs. unquality?) service, then it’s the consumers who’ll get screwed because costs will be passed onto us. ISPs (like newspapers) want added revenue streams but those streams always end up at our feet. But we know that.

What also concerns me is that creators will get screwed, too. Only the big guys will be able to afford to pay ISPs for top-tier service and so we return to the media oligarchy that — O, irony — YouTube and Google broke apart. Google, I fear, is gravitating back to the big-media side because it wants those brands on YouTube so it can get their advertisers on YouTube because those advertisers are still too stupid to see where the customers really are. And then we’re back to a world of big-media control over what we get to see. It was the millions of little guys — people who made their own videos, people who embedded videos — who made YouTube YouTube.

But that’s short-sighted strategizing, I think — I hope — because fragmentation is infinite; blockbusters will get ever-harder and ever-more-expensive to create; advertising will catch up with reality, the real world, and customers and (unless the Wall Street Journal ruins it) become far more targeted and relevant; advertising will also start to fade away; the mass market will shrink.

But this is a last-gasp attempt to hold onto mass-market economics (vs. open-market scale). [Craig Roth in the comments makes the critical point that the story I linked to is supposition rather than announcement, a caveat I certainly should have delivered. As I said in response to him, I thought this was worth discussing before it was fait accompli in the hopes that it won’t be.]

It’s an uncomfortable moment for a Google fan boy. This report comes at the same time that Google killed Wave. Now Wave has had its detractors who are now cackling, but it’s not the specific platform that concerns me. It’s that Google can’t figure out how to launch new platforms. Wave was a bust. Buzz was a bust. Knol was a bust. Orkut was mostly a bust. Brilliant people like Gina Trapani hung their hats on these platforms; she wrote the book on Wave and others started developing it and now the rug’s pulled out from under them because Google didn’t support their development, which is what would have made Wave a success. Evil or merely rude?

The reason these efforts were busts is because Google didn’t think them through, didn’t have the corporate discipline to find and execute on clear-eyed strategy. I’m all for beta — I learned that lesson from Google — but you can’t just spend your life throwing shit against the wall to see what sticks. Eventually, you’re knee-deep in shit. But you can do that for a long time — if you have lots of money. A poor startup uses betas to learn precious lessons because they can’t afford to fail. This rich company is using betas, I fear, rather than making hard decisions up front — because it can afford to. So Wave may have ended up dead anyway but if it were run by entrepreneurs it would have struggled long and hard before taking its last breath.

I worry that Google isn’t an entrepreneurial company anymore. It didn’t start those platforms under the hard economics of entrepreneurship. And it hasn’t nurtured some outside entrepreneurs well. If it did, Dodgeball would be Foursquare today.

My real fear then is that Google is too big. I certainly don’t mean that in the way that EU regulators do: “so big we have to rule it.” Uh-uh. No, I mean it may be too big for its own good. Too big for the right hand to find the left hand and have coherent strategies for operating systems (Android v. Chrome) and applications (Docs v. Wave). So big that it starts to identify with other big guys (ISPs and Hollywood entertainment conglomerates). Big is a fine thing when it brings critical mass and the freedom to innovate. As Eric Schmidt himself says, lack of innovation can kill a tech company. So can bad innovation — fat innovation.

I’ve never bought the arguments that Google is a one-trick pony. Honda is a one-trick pony; it makes cars. That’s not Google’s problem. Its problem is that everything it faces is new and it can’t ever afford the luxury of leaning back on old lessons and old relationships. So what does it hold onto on that rapids ride? It has to hold onto its mission — organize the world’s information, etc. — and its evolving definition of evil so it doesn’t stray. It also needs to find the organizational structure — the firm-jawed management — to force different teams with different agendas to work to shared goals and to hold them to entrepreneurial discipline.

All of these are just early warning signs — every early. It’s good — for Google and also for a fan boy like me — to see these cracks because, used properly, they are lessons that help a company get back on its track and shade its eyes from the bright glare of hubris. But only if they ask the really hard questions. Like, is that evil?

: MORE: On a different thread, I also want to note that I think the way this devils’ deal works out is that it will give the FCC and possibly even the FTC and Congress the rope they need to hang ISPs on net neutrality. Is that Google’s really evil plan? It doesn’t like regulation but wants it in this case and so it’s creating the invitation for it? Naw. As I said, I’m not a conspiracy theorist. In any case, I do think that such a deal will invite regulation.

: I won’t cry for ISPs. I was at a meeting of cable ISPs some years ago when they were all cackling about their margins on broadband exceeding 40%. They ain’t hurting. The solution to all this remains competition. Remember that Google’s founders entered the big spectrum auction a few years ago to force neutrality and they want broadcast white spaces opened up to become “wi-fi on steroids” and thus competition for broadband providers.

: ALSO: I want credit for not making a WWGD? gag. I leave that to Twitter. But it may, indeed soon be time for a sequel (or update).

: LATER: Verizon put a statement on its public policy blog that says the Times report linked above is “mistaken.” It doesn’t say whether there’s any agreement but talks about its “purpose” — a “policy framework that ensures openness and accountability, and incorporates specific FCC authority, while maintaining investment and innovation. To suggest this is a business arrangement between our companies is entirely incorrect.” I’m not sure what that means. The more transparency about these dealings from all parties — including the FCC — the better.

Google said on its public policy Twitter feed: “@NYTimes is wrong. We’ve not had any convos with VZN about paying for carriage of our traffic. We remain committed to an open internet.”

The AP quotes the FCC saying that Google and Verizon are involved in stakeholder talks and Verizon is quoted saying that it is talking with Google about a “compromise on net neutrality” in the AP’s phrasing. The question remains: What are they talking about?