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Excerpt:
Cato has finally gotten around to publishing Tim Lee's article, "The Durable Internet: Preserving Network Neutrality without Regulation." I first saw a draft of his paper in March, and Tim engaged in a good spirited back-and-forth with me over email. The primary failings that I perceived then remain un-addressed in this final version. They are twofold:
1. The fallacy that any non-discrimination regulation is the same as the combined force of all misguided regulation since the advent of administrative agencies
2. The fallacy that there is an underlying "durability" of the technology/market structures of the internet that will successfully resist strong carrier incentives
Tim Lee's article repeats but then goes beyond the standard refrain of no-government-regulation libertarianism. However, his novel arguments for why the internet will take care of itself are not persuasive. Ultimately, we are left with his well-put argument for the benefits of network neutrality, but without any assurances that it will be preserved. Into this vacuum might flow reasonable discussion of how targeted government regulation might be the only means of achieving the ends we both seek.
This essay doesn't move the debate forward, unfortunately.
I can't parse this sentence.
On the Internet, and in fact in any layered-architecture network, protocols at a given layer negotiate with partners at the same layer and also with the lower layer. For example, TCP negotiates window size with the partner TCP across the network, and also negotiates it with the network core, which signals congestion by dropping packets. In the Internet's odd allocation of functions, TCP doesn't know why a packet has been lost, which could have happened due to a noise hit on a Wi-Fi channel, a congested route, or a buffer shortage at the other end, so it treats all more or less the same (some TCP stacks have special handling for the first packet drop in a while, to accommodate Wi-Fi, but that's not universal.)
Imagine a network with two service levels, one for low-latency delivery and the other for low-cost delivery. The first class is volume-limited and the second isn't. Does this network allow as much innovation and experimentation as the existing Internet, and does it do any damage to any end-to-end principles we have the closet?
Network neutrality is not "the end-to-end principle," it's a wholly distinct regulatory argument.
A big part of the problem, of course, is that network neutrality means different things to different people who advocate it. But at least some NN advocates mean something like end-to-end, and for clarity I chose to use that definition.
It's a fallacy to assert that an "end-to-end principle" dominates the Internet's design and is responsible for its success. The Internet absolutely depends on quite a different principle or architecture, namely the "network-to-network principle" that governs the agreements between network carriers to exchange packets with each other. Without a robust "network-to-network principle" the Internet wouldn't be an Internet, it would be an Intranet. Intranets still have end-to-end protocols, but they're not as interesting as a world-wide network that connects every system to every other system. So the dogma of "end-to-end" is a false emphasis.
Incidentally, the "End to End Arguments" paper was originally published in 1981, before the Great Switchover, but even then it was historical revisionism. The architects of TCP/IP weren't out to assert their independence from authority as much as to make a grant-friendly network, and none of the three authors of the paper was among them. They were a second generation of network theorists looking to protect the flame.
In my experience, virtually no network engineers and architects working today have read that paper, so it's only "seminal" among law professors and other policy wonks. Doctrinaire recitations tend not to have much audience among actual engineers.
Yes, the ICC and other examples of "regulatory capture" are good arguments against regulation of the Internet. But so are the specifics of the proposed regulation. Except for the few provisions which merely prohibit anticompetitive conduct, most of the provisions of these regulations are designed to get someone something for nothing -- in short, to favor some interest group. Which is anything but "neutral."