‘Net Neutrality – Just the Facts Please

The Comcast/BitTorrent saga got us thinking that the current chapter of the ‘net neutrality debate is playing out in the absence of the one thing that will lead us down a sensible path—facts. The current debate reads like a "he said, she said" script. Comcast argued that its actions to modify BitTorrent behavior were in response to a very real problem of access network congestion. But from what we can figure out there were no facts to prove a problem at all, much less one serious enough to warrant Comcast's actions. User advocates, on the other hand, argued that Comcast blocked BitTorrent around the clock, while ComCast countered that it only throttled back heavy users at peak traffic times. Who was right? Without facts it's all just hearsay.

Now it may well be true that ISPs have a valid case to throttle peer-to-peer traffic because it causes egregious congestion in their broadband access networks. But, whoa Nelly, let's get some facts in hand first. Is there REALLY a problem? If so then let's hammer out a solution—not the other way around. And if a solution is warranted, let's get the facts about how the solution affects the end user's experience. Is it fair? Does it kick in just during peak usage periods, or is it active when it's not warranted?

So before we walk any further down this path we need data. We need mechanisms to gather information about what is really going on in the network.

Ah, but there's the rub. ISPs don't want to provide such data because they they don't want their competitors to use it against them. OK, fine. Then let's look to the Centers for Disease Control and Prevention (CDC) for a model. They gather information about communicable diseases and epidemics but protect the privacy of those affected.

Let's gather defensible data so the FCC can determine whether or not there is a bona fide traffic "epidemic" that should legitimately be dealt with. Then we can determine if a network "inoculation" program is warranted. Until then let's sit on our hands.