FCC’s Martin staying away

FCC Chair Kevin Martin told Globalcomm delegates on Monday that there is no need for the FCC to intervene further into the issue of .

Martin is quoted by Marketwatch as saying:

Consumers need to be able to access all the content that’s available over the Internet without being impeded by the access provider. But at the same time, we recognized that the people that are deploying these networks may offer differentiated speeds and differentiated products to the consumer.

And if you offer different tiers of speeds, a consumer chooses the lowest tier, and he wants to access content that would require higher speeds than he has purchased, he’s not being blocked from access. He just hasn’t purchased the speed that’s necessary.

eBay on Net Neutrality

eBayAt first, I was skeptical that an email being circulated really did start with Meg Whitman, President and CEO of eBay. Despite references to the email on seemingly credible websites, some of the language in Whitman’s message just didn’t seem to be right. I tend to be concerned that these things start out from the same people who send emails telling you that your pet will die from your household cleaning with a Swiffer [false].

So my antennae are still on alert, but given the presence of an eBay Government Relations website with similar themes, I suspect that Meg has thrown her two-cents on Net Neutrality into the fray.

Right now, the telephone and cable companies in control of Internet access are trying to use their enormous political muscle to dramatically change the Internet. It might be hard to believe, but lawmakers in Washington are seriously debating whether consumers should be free to use the Internet as they want in the future.

The phone and cable companies now control more than 95% of all Internet access. These large corporations are spending millions of dollars to promote legislation that would divide the Internet into a two-tiered system.

The top tier would be a “Pay-to-Play”” high-speed toll-road restricted to only the largest companies that can afford to pay high fees for preferential access to the Net.

The bottom tier – the slow lane – would be what is left for everyone else. If the fast lane is the information “super-highway,”” the slow lane will operate more like a dirt road.

Today’s Internet is an incredible open marketplace for goods, services, information and ideas. We can’’t give that up. A two lane system will restrict innovation because start-ups and small companies – the companies that can’’t afford the high fees – will be unable to succeed, and we’’ll lose out on the jobs, creativity and inspiration that come with them.

The power belongs with Internet users, not the big phone and cable companies. Let’’s use that power to send as many messages as possible to our elected officials in Washington. Please join me by clicking here right now to send a message to your representatives in Congress before it is too late. You can make the difference.

Powerful words. An empassioned plea to battle the evil empire – the converged cabal of anti-competitive collaboration: apparently, on eBay you can find a partnership between telephone and cable companies.

Looking for a response? Watch for Net Neutrality to be addressed at The Canadian Telecom Summit, next week.

Superbowl food

Like the digestive effects of my Superbowl chicken wings, the issue of Net Neutrality just won’t go away [stay tuned next January for my recipe for wings]. And like my wings, I’ll bet you can’t help but come back to this issue for more!

xchange magazine has staked its turf in the battle, and it appears to be more to the right than even I would venture. As part of the magazine’s e-book series, there is a piece of propaganda that confuses Net Neutrality and Fair Use in a free download.

Part of the nature of independence in my consulting is my willingness to take shots at either sides of an issue – awarding darts and laurels where appropriate. There is cause to present both types to each both side of what should be a more serious discussion of a reasonable set of operating rules for compensation for use of private assets that make up the global network.

Apparently, some network operators, looking for a catchy term for their position on the issue of net neutrality have hijacked the term ‘fair use’ from the copyright dialog. As we have written before, the issues are related, so I am somewhat concerned that using ‘fair use’ to refer to the antithesis of net neutrality will do nothing more than add more confusion to an already difficult discussion. Dart to the service providers. Get better marketing and be sure to distance yourselves from this piece in Xchange!

We’ll be hearing more at The Canadian Telecom Summit on this issue.

Going Dutch

A number of the newswires, including Yahoo, carried a story this week about a new political party for pedophiles being launched in the Netherlands.

The Charity, Freedom and Diversity (NVD) party said it wanted to cut the legal age for sexual relations to 12 and eventually scrap the limit altogether. According to one of the party founders, Ad Van den Berg:

We want to get into parliament so we have a voice. Other politicians only talk about us in a negative sense, as if we were criminals.

Gee, maybe they talk to you that way because that kind of behaviour is criminal!

Illegal Content on the Internet is one of the new subjects being discussed at The Canadian Telecom Summit, which opens June 12. Why should illegal content get an exemption at the border? What is the role of internet service providers?

We will be blogging from the Summit and watch for coverage in most of the major papers.

Better still, participate in the discussions and register today!

Off-track on tracking

The 2005 annual report of Canada’s Privacy Commissioner contains a full section on RFID (radio frequency identification) issues, but appears to be silent on location-based cellular services. You could say that the Privacy Commissioner’s fixations with RFID tracking are off-track.

RFID tagging dramatically extends the number of items that may allow our lives and behaviors to be tracked. There are real privacy concerns. But there are many more technologies that should be viewed as clear and present dangers, not the subject of a study to prepare for future world.

For example, the Privacy Commissioner’s RFID fact sheet speaks about situations, such as:

If the tag is unique, and can be associated with an individual, it becomes a unique identifier or proxy for that individual

The Airmiles program, as well as many other loyalty programs, know the kind of alchohol I buy, to accompany groceries and pharmaceutical products I purchased. RFID will allow them to know which particular bottle of Spanish Rioja I bought, but the brand and vintage is likely all that is needed to build a profile, not the individual tag. Couple that information with my location and the concerns of the Privacy Commissioner are realized. These are present dangers.

Should the RFID-type guidelines be applicable to my cell phone? Each cell phone has a unique identifier and can be associated with its owner. Rather than dealing with a hypothetical future world that may combine Global Positioning Systems (‘GPS’) with RFID, there are guidelines and rules needed to deal with the existing combinations of mobile GPS and AGPS tracking, data collection and reporting.

We need serious discussions to focus on privacy issues with the current deployment of location based services. It is one thing to track our teenagers when they are out in the family fun-wagon on Saturday evening. But that information means that other people could also access the same data to know where that car is sitting, how fast it is travelling – perhaps issue speeding tickets based on such information.

Add GPS and AGPS to cel phones and we can track where anyone is located and who is assembled with them. There are real issues to be examined, such as: who has the ability to disable tracking; and, should it be able to be turned on remotely to help in search and recovery?

Numerous policy questions arise that need to balance convenient consumer features, commercial services, public safety and personal privacy concerns. These are difficult issues that have implications for technology development.

The Privacy Commissioner has already found that there are limits to her extra-territorial powers – the ability to pursue cases outside of Canada. We need rules for these technologies and privacy solutions that ensure that Canadians are protected from threats, both within and outside our borders.

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