The Wehe data doesn’t tell us whether the observed behavior is consistent with company disclosures or general net neutrality conventions. While we don’t expect legal opinions from network performance scholars, it’s important to know more about the triggers of network management.
In reality, the Markey amicus doesn’t describe the Internet that we use today. It addresses an entirely different system that didn’t exist in the past either. ISP service is combination of transmission and information processing that serves the needs of the information society. And it appears to be serving those needs pretty darned well.
An awful lot of things that are sold to us as improvements to Internet security simply deliver more information into the hands of a small group of companies. Whether that’s a good thing is for you to decide, but for my own part I like to be selective about what I share with which players.
Enjoying the benefits of ICT and the Information Age requires us to adopt new models of regulation that are fit for the task. For this to happen, we’ll need to stop demonizing every new invention for the sake of eyeballs, audience, and ad revenues.
The Obama FCC admitted that it could not find the sweet spot. In the 2015 Open Internet Order, former Chairman Wheeler simply claimed regulatory authority to sanction firms for behaviors he could not anticipate. Rather than creating bright line rules, Wheeler raised his voice and issued threats. Angry threats have subsequently become the preferred way to regulate not only the Internet but its regulators as well. This is not productive, but it’s the road chosen by many.
There is ample evidence that the FCC gave proper consideration to the useful and relevant legal, economic, and technical comments offered in the proceeding. The fact that John Oliver’s audience is angry isn’t relevant, and it’s not even news.
Finding sponsors to carry the bill may be troublesome before the mid-term, but a legitimate work product will be useful whenever Congress is of a mind to consider legislating. We may actually be closer to legitimate, regular Congressional action on Internet regulation than we’ve been since the summer of 2010.