In response to petitions from consumer groups claiming unfair practices, Comcast admitted yesterday that it “purposely slows down some traffic on its network, including some music and movie downloads,” according to today’s Washington Post.
This admission is sure to heat up the ongoing controversies involving just how much control Internet network providers should be able to exert.
A little background: Many feel that Comcast, and other companies like it, should not be allowed to interfere with the delivery of their service. The Internet, it is argued, should remain a fully equal place; if Internet service providers are allowed to tamper with access here and there, then what’s to prevent them from signing a deal with, say, Amazon.com so that Amazon.com’s site loads faster than competing online retailers? If this happened, it would deal a serious blow to the notion that anyone can succeed by creating their own online business site.
However, others argue that companies like Comcast have every right to control how their service is provided. They are the ones providing the service, it is argued; therefore they can provide it in any way they see fit. (A potent counterpoint to this claim is the fact that many customers don’t have a choice between ISPs but have to go with whatever one is located in their neighborhood. In other words, if you don’t like Comcast’s business practices, you can’t jump to the competition if there is no competition.)
In yesterday’s filing to the FCC, Comcast makes an effort to justify its business practices:
In a filing with the Federal Communications Commission, Comcast said such measures — which can slow the transfer of music or video between subscribers sharing files, for example — are necessary to ensure better flow of traffic over its network.
In defending its actions, Comcast stepped into one of the technology industry’s most divisive battles. Comcast argues that it should be able to direct traffic so networks don’t get clogged; consumer groups and some Internet companies argue that the networks should not be permitted to block or slow users’ access to the Web.
… Comcast said network controls are necessary, especially for heavy Web users. Specifically, the company imposes “temporary delays” of video, music and other files shared between computers using such technologies as BitTorrent.
Comcast compared its practices to a traffic-ramp control light that regulates the entry of additional vehicles onto a freeway during rush hour. “One would not claim that the car is ‘blocked’ or ‘prevented from entering the freeway; rather it is briefly delayed,” the company’s statement said.
It’s a valid argument, but it’s unclear as of yet whether federal officials will be convinced:
Separately, the FCC began an investigation of Comcast’s network practices after receiving those complaints. That review is ongoing, according to Comcast, which said it hasn’t received any specific orders based on the complaints.
The FCC prohibits network operators from blocking applications but opens the door to interpretation with a footnote in a policy statement that provides for an exemption for “reasonable management.”
Rep. Edward J. Markey (D-Mass.), chairman of the House Energy and Commerce Committee’s subcommittee on telecommunications and the Internet, plans to introduce a bill today calling for an Internet policy that would prohibit network operators from unreasonably interfering with consumers’ right to access and use content over broadband networks. The bill also calls for the FCC to hold eight meetings around the nation to assess whether there is enough competition among network providers and whether consumers’ rights are being upheld.
“Our goal is to ensure that the next generation of Internet innovators will have the same opportunity, the same unfettered access to Internet content, services and applications that fostered the developers of Yahoo, Netscape and Google,” Markey said in a written statement yesterday.
The case with Comcast illustrates the high-stakes battle between those who argue that the Internet should remain open to all traffic, and the companies who argue that some governance of their networks is in the best interest of their customers.
Read more about that issue here. And click here to read the original Comcast article in the Washington Post.