The Next Broadband Battleground

THE NEXT BROADBAND BATTLEGROUND
[SOURCE: C-Net|News.com, AUTHOR: Mark Del Bianco, attorney]
[Commentary] Net neutrality in broadband networks has become a major public-policy debate. Every industry whose products or services can be digitized will be affected by the outcome, as tens of billions of dollars are at stake. Net neutrality, also called network neutrality, has three components. First, users should have access to any content they choose while being able to attach any device to the network--so long as it will not harm the network. Secondly, there's the issue of the management of the broadband network. This involves practices such as shaping traffic, reserving capacity or spectrum, or blocking viruses and harmful programs. The third component involves initiatives designed to convince applications and content providers to make new types of payments for premium services, such as faster delivery or caching content closer to the edge of the network. The initial federal policies on these components are clear. Consumers have already won on the first component -- the FCC or Congress will step in if incumbent networks are blocking or discriminating in ways that consumers can observe. But network owners will initially prevail on the rest. Until there is demonstrated competitive harm, the government is unlikely to limit network owners' flexibility to manage their networks or strike private deals for faster or different services. The policy debate is effectively over on the federal level. But the battle is not over. Proponents of open networks--where all three of the Net neutrality components are implemented in ways favorable to the consumer or application provider -- should adopt a market-based strategy of strategic bypass.
http://news.com.com/The+next+broadband+battleground/2010-1034_3-6052980....

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http://today.reuters.com/news/newsArticle.aspx?type=technologyNews&story...