Friday, August 1, 2008

If only they could regulate the FCC

It's time for my last entry on net neutrality for the class... and I have to admit, from today's news I can tell that this blog is going to be fun to write...

If you recall, last week I mentioned that the chairman of the Federal Communications Commission, Kevin Martin, scolded Comcast for their throttling techniques. Apparently, tomorrow the FCC is set to officially vote against Comcast on this - note that no fines are going to be assessed, but instead they're going to issue a simple censure (an "official" reprimand). However, they are likely to require that Comcast submit any network management techniques to the FCC for advance review and approval as well as advance notification to customers.

The FCC seems to want to put Comcast and other ISPs on notice to tread carefully, and specifically to not single out any particular application without due notification to customers. Oh, the horror, the horror - having to actually notify customers of how traffic will be handled! Wait a minute. That seems perfectly reasonable. Well, obviously not to everyone...

Today, John Boehner, the House of Representatives minority leader, sent a tersely worded letter to Mr. Martin. In it, he stated that the FCC is on "shaky legal and procedural grounds" because the FCC has never gone through the formal process of adopting regulations regarding the Internet or the ISPs. So Rep. Boehner's condemning the action over a gripe that the FCC didn't previously adopt regulations? Somehow the irony is lost on him that he and the telecommunication companies have previously expressed that they want the FCC to stay away from making regulations.

In his letter, Rep. Boehner states that the FCC actions are "heavy handed" and that they would be, "essentially regulating the Internet." (Emphasis added by me - keep reading for why.) In addition, he quotes a Wall Street Journal editorial that says, "the FCC's job is not to determine business models in the private sector." Hmmm. Good point. What is the FCC's job exactly? Probably no better place to look than to go straight to the source.

On the FCC's web page it states, "The FCC was established by the Communications Act of 1934 and is charged with regulating interstate and international communications by radio, television, wire, satellite and cable. " (Again, the emphasis was added by me and hopefully it's pretty obvious why.)

Ummm... am I missing something here? This lack of sincerity is laughable! Aside from the fact that it is expressly the FCC's job to make regulations, now they're up in arms because they don't like the direction it's taking. Not to be overly ironic, but isn't Kevin Martin a political appointee from the same party as Rep. Boehner? Give me a break!

Finally, I certainly can't end without putting on my 'conspiracy theory' hat one last time.
Over the years, I've made more than a few contributions to political candidates, their parties, and other organizations. Consequentially, I'm on all of the recurring "send us more money" email lists. Last month I received several emails, urging me to make a contribution because June 30th was the end of the quarter for reporting results. The funny thing? I received the emails on July 2nd and 3rd. I checked the email headers and they were all sent on June 28th and prior.

Truth be told, I don't honestly believe there was a deliberate attempt to delay these emails (well, I'm pretty sure at least). However, utilizing "deep packet inspection" techniques, this would be a very easy way for an ISP to slow, delay, or even "lose" politically motivated e-mails where they disagree with the subject matter. Not incidentally, I'm seeing more and more reporting on the potential for nefarious uses of deep packet inspection. You'd be well advised to watch for suspicious delays as well.