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Sadly, the forum that should have dealt with this issue - IETF - was very slow off the mark, only now holding a discussion that should have started about 5 years ago.
On another note: I'm relative outsider to the NN debate, so this may be a dumb question. Has anyone discussed botnets in the context of NN?
If ISPs are prohibited from throttling any specific application or type of application, would that unnecessarily limit the ability of ISPs to play an important role in responding to DDOS attacks? Do people think that the current legislative proposals have loopholes big enough to allow ISPs to react to bot net attacks when they see some of the infected machines on their own network? Could a black hat use existing P2P or other technologies to launch an attack that an ISP would be legally bound NOT to stop?
Botnets also provide a good counter-argument for metered service, since customers will demand refunds for bot traffic, but unless they have detailed traffic accounting (DPI!), ISPs will just have to refund all the overage fees or cancel the customer.
Rather than explicitly mandate net neutrality, I'd proposed that we mandate transparency and full disclosure, on the part of the ISP's.
The threat of NN legislation will probably keep the networks more or less neutral--but the requirement to disclose how the networks are being managed will prevent 90% of the abuse.
It will, of course be argued that this mandate of transparency is overburdensome--but given it is infrastructure we are talking about here--and infrastructure that is the place where much public discourse occurs--I think it's safe to say that burden is more than justified by the public policy goals of fostering free speech and open and unfettered debate and dissemination of information.
Please. Who believes that comcast voluntarily sat down with Bit-torrent? They did so AFTER they realized they were in trouble for their network management policies. It's a system of checks and balances, and in the comcast case it worked. Part of the reason it worked was the looming threat of NN legislation; nothing should be done which would preclude that threat.
Vint suggests that "Internet traffic should be managed with an eye towards applications and protocols." In a sense, Comcast was doing exactly that by limiting BitTorrent traffic. BitTorrent is a specific application with a specific protocol. It is not time-sensitive like VoIP so it makes sense to limit BitTorrent traffic first when network congestion becomes a problem. But Comcast (according to the FCC’s press release) was limiting BitTorrent traffic at all hours of the day and in all sorts of areas, presumably even in areas where network congestion wasn’t a problem. Vint clarifies his position: "such prioritization should be applied across the board to all low latency traffic, not just particular application providers." So managing a specific application is bad, but prioritization in general is good. What's needed is an agnostic way to prioritize packets.
There *is* such an agnostic method for controlling traffic. Every TCP/IP packet can be flagged with a certain priority level, and routers can be programmed to handle packets differently depending on their priority. But this sort of packet prioritization has not been widely implemented. Maybe it should be.
Let's assume packet prioritization was widely implemented and application providers abused it by assigning all of their packets a high priority. Would an ISP run afoul of the FCC if it lowered the priority of packets based on application type, for example by lowering the priority of BitTorrent traffic?