Net neutrality reflections
So this afternoon my charge is to lay out all the NN issues to a bar association that doesn't have a telecom subcommittee. Writing it all down took a while this morning. It's a hard story to make simple.
Cringely says that “In the end the ISPs [network providers] are going to win this [network neutrality] battle, you know. The only
thing that will keep them from doing that is competition, something it is
difficult to see coming along anytime soon, rather like [a] lemonade-powered
sports car.” He points out that cable systems can easily prioritize things if they see congestion, and that traffic shaping has the same effect as discrimination. (Not that we have any real data about shaping inside these private networks.)
So will we see competition? I'm going to say that the spectrum auction later this year is raising hopes of that. (Good Wired story here.)
Meanwhile, the 9th Circuit casts asparagus on sites that encourage people to fill out forms — Section 230 immunity is at stake. (Eric Goldman roundup.) It's an odd case. I wonder whether the big online companies will appeal. I hope they will. This is potentially a bipartisan issue that the current Court might treat fairly.
Cincinnati Tuesday-Wednesday
I'm not planning to turn this blog into a travelogue, and the truth is that my journeys aren't as exciting as, say, Joi's or Nina's.
But the people I've met in Cincinnati have been very kind, and I'm staying at a great old steamship of a hotel:
Tomorrow we astonish the Ohio State Bar Association with a passionate yet well-informed debate about net neutrality. We're up against “How To Use Casemaker,” so the competition is tough. (”Your Source for Online Legal Research.”)
I'll try to give the briefest, most persuasive answer I can to the question “Why is Net Neutrality Important?” Plus I've been called on to give the neutral professorial background segment. It's a two hour debate. By the end of it both teams should be able easily to switch sides. I'm pretty sure it will be available online eventually.
