There’s a terrific discussion going on over at TechDirt about various means by which ISPs might block Voice over IP traffic for competing services. The post goes on to indicate that the current incarnation of the FCC is unlikely to take any action to respond to the complains of independent VoIP providers. I have to say that based on the current decision to position DSL-based Internet services as an information service I would be inclined to agree that the FCC is less likely to take action to ensure network neutrality.
One of the comments in the Techdirt discuss makes a case which I made some time ago, that if ISPs begin to treat packets differently based on the information that is contained within them, they compromise their arguments of being a “common carrier.” By taking this action, one could argue, ISPs open themselves up to claims of liability for thinks like the illegal sharing of copyrighted content, child pornography, on-line gambling and all of those other incarnations of evil that take place on the Internet.
This is a slippery slope both in terms of legal liability and in terms of customer patience. Should the big local-access-facilities-based ISPs (basically telcos and cablecos) choose to go down a path of net partiality, they run the very real risk of pissing off both law enforcement AND customers. This would go a long way to expanding the gap between the United States and countries with a better-connected populace. The advantages the Internet offers to consumers and small businesses would dry up along with a good chunk of whatever competitive advantage the U.S. might hope to retain. I really hope that the FCC can wake up to the bigger picture.
