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ISPs Aim to Use Facebook Fracas to Saddle Silicon Valley with Crappy New Laws

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Re: ISPs Aim to Use Facebook Fracas to Saddle Silicon Valley with Crappy New Laws

#101
post #85

Earlier quoted context omitted.

So your contention is that structural oligopolies (or markets with monopolistic competition) should not be regulated? I'd be curious to know why.

Why should they be regulated? They provide a popular, non-essential product for free. What threat are we protecting the consumer from in the name of this regulation? Consumers are free to visit any competitor site with identical ease of accessibility and competitors have very few barriers to entry (though this trend is slowly changing, e.g. in wireless land where a lack of net-netruality has enabled cell phone provid…

> Consumers are free to visit any competitor site with identical ease of accessibility and competitors have very few barriers to entry

I would strongly disagree with this characterization of the market.

From joe_the_user's link [1] on oligopolies, every item under Barriers to Entry: Artificial Barriers applies to large, network-effect web companies.

Google Takeout is probably the guiding light on fighting this, but were Google no longer in a dominant market position I'm not confident it would remain a corporate emphasis.

... Ironically, this same debate (regulating ISP vs edge provider) just came up in Zuckerberg's Senate questioning.

Re: ISPs Aim to Use Facebook Fracas to Saddle Silicon Valley with Crappy New Laws

#102

Earlier quoted context omitted.

That's a great point. I need the protection. We don't need to go and start creating huge regulatory bodies around various industries, pitting one against the other. Make it so my information can't be captured -- or it can't be shared. Or make it so that keeping any information of mine past 30 days is a felony. Then no matter who the businesses are, people can sue them and owners can go to jail. Instead of trying to f…

I think the problem is the roll back of net neutrality for ISPs and at the same time calling for regulation on content providers. It doesn't seem like these interests are protecting the citizens. Anyhow, I do agree we should be protecting peoples right to privacy and unfettered access to the internet.

You're right, of course, but as scottie_m points out, the main issue here is one around messaging.

The enemy of getting this fixed is complexity. Once we start targeting individual companies, types of internet connections, or hardware devices? We've lost. It's all over.

It's not these things don't need fixing, it's that we have about ten words or so to put into a slogan. That slogan needs to be repeated over and over again. I am a firm believer in Net Neutrality -- but that's not the right slogan to march under. If we get Net Neutrality and everything else stays the same, it's a complete loss.

By shifting the focus to each user, we can talk more directly about benefits. And by making penalties perhaps draconian, we can leave the management of the complexities to the vendors, where it belongs, instead of the public debate, where the lawyers win.

Privacy and anonymity are much bigger fish to fry than whether YouTube costs more than Instagram. If we could come up with a simple slogan to cover both of them, sign me up. Otherwise? We gotta stop everybody from putting telemetry on every detail of our lives.

Before the 60s in the U.S., there was pervasive and deeply-held racism, but most people didn't see it, even those who wanted to be morally superior to everybody else. (See the movie "The Help"). Many times I think of what that issue is for us. What will we look back on in 50 years as being barbaric and evil? What is our current equivalent to the Civil Rights campaigns?

It's storing tracking data about the minute parts of people's lives. We will either morally overcome this or we will enter a new Dark Ages. There's no middle ground. Here. Here is the moral battle.

Re: ISPs Aim to Use Facebook Fracas to Saddle Silicon Valley with Crappy New Laws

#103
post #93

Earlier quoted context omitted.

No doubt. Extrapolating down the current trajectory, probably dovetailed with law enforcement concerns, there's no way that doesn't happen. Encryption moots all the additional value they're trying to create. That's essentially their play with mobile-accessible first party content players. Make it easy / mandate it, and people will happily walk into the walled garden where they can be watched.

Also, if you already use a VPN I'd say you already don't trust your ISP but you want them to have more power? My evil genius side tells me that ISPs have already been developing VPN clients and probably own many third party ones through shell corps and obscuring/finagling ownership offshore even. In the last few years some have really taken off and gotten lots of funding and advertising and fit this model, I won't na…

I'd like to note that I never said ISPs shouldn't be regulated. Simply that modern ISPs and large network-effect web companies share many characteristics, so calling for one to be regulated and the other not (whichever way it goes) seems odd.

As for the specific point, in my threat model ISPs aren't competent or rewarded enough to poison VPN clients.

Comcast may be anti-user, but I don't think it's NSA-capable.

My overarching belief is that there are technical solutions to network adversaries. There are fewer (and sometimes no) technical solutions to application adversaries, when I desire to use the service. (And see my previous comments about some large services approaching unavoidable status)

Re: ISPs Aim to Use Facebook Fracas to Saddle Silicon Valley with Crappy New Laws

#104
post #49

The ISPs are in an all out attack on competitors like Facebook/Google/Netflix/others. ISPs bought their way into the market with the ISP privacy protections being removed [1][2] and net neutrality being killed rather than innovating. The privacy protections being removed helped lessen the FCC grip on privacy and helped their case, with legislators not the people, to remove FCC net neutrality protections. It is obviou…

I find it ironic that two classes of monopolies (ISPs and Big Web) are being discussed here with diametrically opposed recommendations. For ISPs, the council is that they should be regulated (e.g. net neutrality, data privacy). For Facebook, Google, et al. the council is that they shouldn't be regulated (e.g. EU GDPR). I have yet to see a cogent argument justifying that difference. My suspicion is that it ultimately…

Apples meet oranges.

"Net neutrality" is a line in the sand, not a goal. Actual net neutrality would make their ToS clauses regarding webservers on consumer connections, invalid. IF they did allow this, people could have better choices to route around Google, Amazon, etc. Business class connections can be advertised where not available within a certain mileage of service. This harms the middle classes' ability to offset costs using assets by restricting business models that distribute compute power such as European companies that use compute to heat water. Fears of malicious activity and spam are already covered under other laws such as the can spam act and CFAA.

-- The ISPs created their own problems --

A webserver can exist without a public good but not publicly without the ISP. The ISPs require many layers of PUBLIC easements and PUBLIC airwaves. Both use water and electricity. Electricity in 1931-1934 was spoken of in a similar way, notably by Hoover(Against). The ISP is a foundation, the requested server is the roof. Satellite ISPs harm the rights of landlords with an FTC exemption for sat dishes https://www.fcc.gov/consumers/guides/installing-consumer-own... .

ISPs propagated due to https://en.wikipedia.org/wiki/Carterfone , yet now setup cable modems in a similar way. In 1996 people warned about this after the ISPs abused the NSF as a tier 1 network, never paying their bills. Then around 2000, Lessig released "The End of End to End" and everyone crapped on him and the ISPs said that would never happen. It did.

The point is that in terms of timeframe, scope of utilized public resources, and tiers of broken promises... they aren't comparable but both should be regulated for different reasons. An ISP fighting muni broadband is horrible and Google pretending to be a newspaper is also horrible. These however are not the same things or even the same layer of things.

Re: ISPs Aim to Use Facebook Fracas to Saddle Silicon Valley with Crappy New Laws

#105
post #103

Earlier quoted context omitted.

Also, if you already use a VPN I'd say you already don't trust your ISP but you want them to have more power? My evil genius side tells me that ISPs have already been developing VPN clients and probably own many third party ones through shell corps and obscuring/finagling ownership offshore even. In the last few years some have really taken off and gotten lots of funding and advertising and fit this model, I won't na…

I'd like to note that I never said ISPs shouldn't be regulated. Simply that modern ISPs and large network-effect web companies share many characteristics, so calling for one to be regulated and the other not (whichever way it goes) seems odd. As for the specific point, in my threat model ISPs aren't competent or rewarded enough to poison VPN clients. Comcast may be anti-user, but I don't think it's NSA-capable. My ov…

> As for the specific point, in my threat model ISPs aren't competent or rewarded enough to poison VPN clients.

Your ISP will know popular VPNs and will definitely get in the VPN client/app game.

> Comcast may be anti-user, but I don't think it's NSA-capable. My overarching belief is that there are technical solutions to network adversaries.

You have much more trust for your ISP than most in tech.

> There are fewer (and sometimes no) technical solutions to application adversaries, when I desire to use the service.

You can use or not use the services at the app layer full stop.

Meanwhile your lack of trust for the app layer being market regulated eventhough the the application layer is more easily blocked and competitive seems biased towards ISPs.

Yet you don't seem to mind if ISPs are in reselling your private data that you PAY them to secure, and lobbied to get that additionally entering the VPN game, which they are just not publicly yet.

It is a strange position to take if you are being objective about it, that the network is more easily secured than something that runs on the network. I completely disagree and we'll just have to agree to disagree. ISPs have no reason to earn your trust and they have no competitive threats to keep them honest. There can be a #deletefacebook movement because it is possible, there can't be a #deleteyourisp movement because you simply cannot, that is why they are bullies to the customer.

ISPs will also be the brownshirts that implement the government firewall that is coming due to insane overreach by authority. ISPs can't wait to further their monopolies buddying up to the authority [1]. Definitely not going to be able to route around that one, 'for your safety'.

ISPs want the whole internet to be like hotel wifi.

[1] https://www.wired.com/2017/04/internet-censorship-is-advanci...

Re: ISPs Aim to Use Facebook Fracas to Saddle Silicon Valley with Crappy New Laws

#106
post #19

Earlier quoted context omitted.

Your comment reflects a bad faith reading of the article and actually doesn't reflect the content of what was written. Maybe read the article next time and not make such a low-effort comment.

Most of what I've read on techdirt over the past couple years seems to represent a bad faith effort to frame the current situation as "ISPs vs. Silicon Valley and the users", where the reality of the situation is "ISPs and Silicon Valley vs. the users" (and there's a recent situation in California where the ISPs teamed up with Silicon Valley to prove that point). It's hard to give the benefit of the doubt to that sit…

I agree with you. It is too bad that the white-knights on this forum are elitist af.

Re: ISPs Aim to Use Facebook Fracas to Saddle Silicon Valley with Crappy New Laws

#108
post #62

Earlier quoted context omitted.

ISPs sell a commodity. I have yet to see a popular commodity supplier - steel companies, oil companies, coal companies, insurance companies, big retail stores... All have been vilified.

> ISPs sell a commodity. Agreed, you might even say ISPs/networks are a utility now, though ISPs seem to not think that. The difference here is that the ISP utility/commodity is not only a local monopoly with false competition but they are trying to leverage that trusted position to sell you other things and wants to be an ad network with your private data. Your oil/steel/water company isn't trying to get you to sign…

> they are trying to leverage that trusted position to sell you other things

Which is what everybody is doing. Doesn't Amazon try to sell you Prime or Amazon Video or Prime Now or Echo or whatever else they have? Doesn't Facebook try to sell you advertising and promotion services? Doesn't Whole Foods, being just bought by Amazon, now try to sell you grocery delivery service by Amazon? Don't thousand of organizations have branded credit cards, branded insurance policies, branded merchandise, etc.?

Cross-sells are as old as commerce itself. I don't see anything evil in that. What's wrong in offering you a deal? If you don't want it, you don't buy it.

> Your oil/steel/water company isn't trying to get you to sign up to HBO or some discounted bundle

Water company regularly sends me insurance solicitations. Gas companies have affiliate networks with all kinds of cross-sells. I don't buy steel beams so no idea what's up there :)

> they won't because they are in the bribing/milking it/monopoly laziness phase not the competitive innovative phase

Wait, so you're complaining about ISPs offering you various "other things" for sale and at the same time you're complaining they are not offering you enough various other things for sale?

BTW, how you easy do you imagine for ISPs to innovate if they'd be tightly regulated on what they can charge, who they can charge and which traffic they can price in which way - based on fixing the current model of doing ISP business?

To innovate, you need to try various things - sometimes crazy things, sometimes wrong things, sometimes wildly unusual and controversial things. But any unusual move by ISP is commonly seen as yet another step in the evil plot of oppressing their customers - how you expect to see innovation in this space with such approach? If every new website would be considered only as a plot to steal your private data and your money - how many e-commerce startups could survive in such an environment? What if the government would crack a whip anytime somebody builds an unusual site or charges customers using a novel pricing scheme?

Re: ISPs Aim to Use Facebook Fracas to Saddle Silicon Valley with Crappy New Laws

#109
post #49

The ISPs are in an all out attack on competitors like Facebook/Google/Netflix/others. ISPs bought their way into the market with the ISP privacy protections being removed [1][2] and net neutrality being killed rather than innovating. The privacy protections being removed helped lessen the FCC grip on privacy and helped their case, with legislators not the people, to remove FCC net neutrality protections. It is obviou…

I find it ironic that two classes of monopolies (ISPs and Big Web) are being discussed here with diametrically opposed recommendations. For ISPs, the council is that they should be regulated (e.g. net neutrality, data privacy). For Facebook, Google, et al. the council is that they shouldn't be regulated (e.g. EU GDPR). I have yet to see a cogent argument justifying that difference. My suspicion is that it ultimately…

I think most people are fine with the GDPR applying to large companies.

The biggest contention with the GDPR is it applying to small companies, because the amount of work to comply with it costs a lot. And the penalties being scaled in a way that only makes sense to large tech companies.

TBH, small under 10 engineer companies are are rarely privacy threats. And Sue's maid service who uses excel spreadsheets to track their business is not a privacy risk either.

Re: ISPs Aim to Use Facebook Fracas to Saddle Silicon Valley with Crappy New Laws

#110
post #99

Earlier quoted context omitted.

the contention is that they are obviously different in kind, and the difference in kind makes it fairly obvious why we would want regulation for ISPs prima facea, but not content companies like Facebook and Netflix. The government does not protect Netflix's status as a media platform any more than they protect Blockbuster. ISPs are more akin to power companies, which provide vital infrastructure in virtue of governme…

You're using Netflix as a straw man for your argument. Facebook isn't a content company, Netflix is not yet vertically integrated, and it makes less than 1/7th of Facebook's profits. I've also never stated that ISPs shouldn't be regulated. In fact, I'd prefer they both be regulated in order to promote open access to the market and more disruption. So I ask again, why would we not want to regulate structural oligopoli…

"good for the consumer" is sufficient reason for regulating government granted monopolies, within reason. In general it is NOT sufficient justification to regulate a company in the free market. The bar for regulation in general is substantially higher, at least in the United States. There is a bar, of course (environmental regulation preventing dumping waste or emitting carcinogenic fumes, for example) and we will likely spend millions of person hours over the next decade figuring out where it is for large content companies (which Facebook is), but saying "it's good in both cases, therefore we should regulate both types of companies" is not correct (which was your argument).

Which is to say, regulation might be justified in a less free-market oriented country, like France, on equivalent grounds, but there is a substantive moral and legal distinction to be made in the minds of many who enjoy a free market economy.

And no, Netflix is not a straw man. My argument applies just as well to Facebook, StackOverflow, Ebay (which is regulated as a commerce platform), Google, Amazon, etc., as it does to Home Depot, Walmart, etc. etc.

We default in these cases to not regulating.

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