[governance] Net neutrality & IG - a proposal to the IGC

Gurstein, Michael gurstein at ADM.NJIT.EDU
Wed Apr 12 06:55:17 EDT 2006


I think the issue might be clarified somewhat if we were somewhat
clearer on what is being discussed.  As I understand it the IGF is in
fact to be the IG (P) F -- Internet Governance (Policy) Forum i.e. a
place where broad issues of public policy with respect to the Internet
in a global environment are discussed and presumably recommendations
made with respect to appropriate responses including the appropriate
vehicles or institutions for implementing those responses.
 
In a "Policy" forum the fundamental questions, which underlie all others
are what are the basic assumptions which are made concerning the
framework or policy pre-conditions which underlie all others--ultimately
this means what are one's fundamental "political" choices.

In the context of Network Neutrality, what is being assumed as being
"neutral" is the positioning of the various players with respect to the
"market" i.e. there is no discrimination as to the various
players/competitors in the Internet (or the underlying carriage of the
Internet) as a "marketplace".

My understanding of Parminder's position is that the underlying
assumption should not be that the Internet (or its carriage) should be
seen solely from the perspective of the (or "a") market, but rather as a
place where the public interest (the achievement of public goods) can
and should be realized. In that context the question of Network
Neutrality is not fundamental but rather secondary to the realization of
the public interest--if NN supports the public interest, well and good;
if it doesn't then the public interest should prevail and NN should be
structured so as to accommodate this.

Seems fairly clear to me (as does the reason for introducing Parminder's
"issue" concerning the public interest into the initial IGF discussions
as well...

MG

-----Original Message-----
From: governance-bounces at lists.cpsr.org
[mailto:governance-bounces at lists.cpsr.org] On Behalf Of Vittorio Bertola
Sent: April 12, 2006 12:03 PM
To: Milton Mueller
Cc: governance at lists.cpsr.org
Subject: Re: [governance] Net neutrality & IG - a proposal to the IGC


Milton Mueller ha scritto:
> The meaning of NN in this context is not entirely clear. At its best,
> Net Neutrality is about maintaining that complementary relationship 
> and protecting it against certain (real or imagined) threats. At its 
> worst, it is a rather unproductive replay of the US model of regulated

> unbundling of networks, which devolved into microregulation and court 
> battles. I prefer discussions to revolve around concepts of 
> "nondiscrimination", but admit that NN is a better PR term. Given the 
> rootedness of these issues in domestic telecom policy laws, 
> regulations and institutions, however, I am confused as to how a 
> nonbinding global discussion forum would be able to make a 
> contribution in this area.

I think that the best contribution would be a sort of principle 
recognition of what you say, i.e. the importance of keeping a balance 
between the freedom for private parties to communicate and to innovate, 
and the need for the network to be one, open, and publicly sharing its 
basic elements. Network neutrality should mean, for example, that 
private entities are encouraged to fight through their ingenuity to gain

advantage positions in one of the spots of the value chain(s) of the 
network, but should not be allowed [too much] to use those positions to 
break the unity of the network or to reduce others' freedom to act or to

alter competition in other spots.

This then involves countless situations, not just last mile & provider 
control on content, but also the Apple / iTunes type of situations, and 
even Microsoft / WindowsMedia or Microsoft / IE - but also SiteFinder 
(eg Verisign using a monopoly position at the DNS protocol level to gain

an advantage position at the application protocol level).
-- 
vb.             [Vittorio Bertola - v.bertola [a] bertola.eu.org]<-----
http://bertola.eu.org/  <- Prima o poi...
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