Welcome!

Microservices Expo Authors: Liz McMillan, Pat Romanski, Elizabeth White, Mehdi Daoudi, Yeshim Deniz

Related Topics: @CloudExpo, Microservices Expo, Containers Expo Blog, Agile Computing, Cloud Security, SDN Journal

@CloudExpo: Article

Network Neutrality, Victory or Disappointment? | Part 2

This decision looks likely to set the pattern for ISP regulation in the U.S. for some time to come

In my last blog, I discussed the debate surrounding the true definition of open and unfettered Internet, and the different interpretations various groups and individuals have on the matter. In this posting, we continue the discussion.

The U.S. government has not enacted legislation to actually define and require Internet openness or to specify what level of non-openness is acceptable, if any. So openness is a concept without legal definition or backing, which means that individual opinions vary on what constitutes fettering and what doesn't. And attempts by the FCC to fill this gap with the Open Internet Order triggered this court action.

The debate, as constructed just now, offers two alternatives: Do ISPs have the right to manage Internet traffic preferentially, thus by most definitions fettering that traffic? Or do governments have the right to prevent ISPs from managing Internet traffic preferentially, thus clearly fettering the Internet by engaging in regulation of its players?

The FCC in the past has held the view that regulating the ISPs to prevent fettering is a lesser evil than allowing the ISPs to manage their traffic.

The recent U.S. federal court decision agreed with the ISPs that the FCC should not regulate ISP activity. Note that this decision is not based on the pros and cons of openness, but on the limits to the authority of the FCC. The court stated, "Our task as a reviewing court is not to assess the wisdom of the Open Internet Order regulations, but rather to determine whether the Commission has demonstrated that the regulations fall within the scope of its statutory grant of authority."

Whatever the reason, it seems that ISPs are now free to offer preferential quality of service to edge providers and edge providers are free to pay them money for the privilege.

What can happen next? Taking this to the U.S. Supreme Court is something that pro-neutrality advocates must be considering, but since the issue is not about neutrality, but rather FCC jurisdiction, the chances of success are likely to be slim.

What about a move to change the scope of FCC jurisdiction? This could be achieved by legislation that specifically defines Internet openness, makes it a legal requirement and empowers the FCC to oversee it. Not much chance of that happening anytime soon.

Alternatively, the FCC could make the case that Internet access should be defined as a common carrier service, which would make it subject to the same kind of oversight as traditional phone services. Judge Silberman in his (partially) dissenting opinion fears this possible consequence, while the New York Times encourages the FCC to go for it. Why the difference? Apparently Silberman dislikes government regulation more than he dislikes corporate manipulation of Internet traffic, while the New York Times just happens to take the contrary view. The divisions continue, and it seems that extending the jurisdiction of this FCC ruling in this way is not much more likely than new legislation.

Altogether, this decision looks likely to set the pattern for ISP regulation in the U.S. for some time to come, and we should start thinking about the implications it will have on the future. If we look closely, we may find that for the winners in this case, it may turn out not to be such a big deal after all, and those who view this as an unmitigated disaster may be relieved that it's not as bad as they feared.

If this decision stands, as seems likely, there are a number of possible repercussions to consider. In what ways will the ISP competitive landscape be transformed? How will edge providers respond? How does the role of applications change in a world in which fettering is normal, and how will that impact the software companies? Will there be a knock-on effect on the venerable institution of inter-ISP peering charges? And what will be the impact on the billing needs of all these players in a world made much more complex?

Leave a comment to let us know where you think these new developments will lead us.

More Stories By Esmeralda Swartz

Esmeralda Swartz is VP, Marketing Enterprise and Cloud, BUSS. She has spent 15 years as a marketing, product management, and business development technology executive bringing disruptive technologies and companies to market. Esmeralda was CMO of MetraTech, now part of Ericsson. At MetraTech, Esmeralda was responsible for go-to-market strategy and execution for enterprise and SaaS products, product management, business development and partner programs. Prior to MetraTech, Esmeralda was co-founder, Vice President of Marketing and Business Development at Lightwolf Technologies, a big data management startup. She was previously co-founder and Senior Vice President of Marketing and Business Development of Soapstone Networks, a developer of resource and service control software, now part of Extreme Networks.

Comments (0)

Share your thoughts on this story.

Add your comment
You must be signed in to add a comment. Sign-in | Register

In accordance with our Comment Policy, we encourage comments that are on topic, relevant and to-the-point. We will remove comments that include profanity, personal attacks, racial slurs, threats of violence, or other inappropriate material that violates our Terms and Conditions, and will block users who make repeated violations. We ask all readers to expect diversity of opinion and to treat one another with dignity and respect.


Microservices Articles
While some developers care passionately about how data centers and clouds are architected, for most, it is only the end result that matters. To the majority of companies, technology exists to solve a business problem, and only delivers value when it is solving that problem. 2017 brings the mainstream adoption of containers for production workloads. In his session at 21st Cloud Expo, Ben McCormack, VP of Operations at Evernote, discussed how data centers of the future will be managed, how the p...
"Peak 10 is a hybrid infrastructure provider across the nation. We are in the thick of things when it comes to hybrid IT," explained , Chief Technology Officer at Peak 10, in this SYS-CON.tv interview at 20th Cloud Expo, held June 6-8, 2017, at the Javits Center in New York City, NY.
DevOps tends to focus on the relationship between Dev and Ops, putting an emphasis on the ops and application infrastructure. But that’s changing with microservices architectures. In her session at DevOps Summit, Lori MacVittie, Evangelist for F5 Networks, will focus on how microservices are changing the underlying architectures needed to scale, secure and deliver applications based on highly distributed (micro) services and why that means an expansion into “the network” for DevOps.
Containers and Kubernetes allow for code portability across on-premise VMs, bare metal, or multiple cloud provider environments. Yet, despite this portability promise, developers may include configuration and application definitions that constrain or even eliminate application portability. In this session we'll describe best practices for "configuration as code" in a Kubernetes environment. We will demonstrate how a properly constructed containerized app can be deployed to both Amazon and Azure ...
The now mainstream platform changes stemming from the first Internet boom brought many changes but didn’t really change the basic relationship between servers and the applications running on them. In fact, that was sort of the point. In his session at 18th Cloud Expo, Gordon Haff, senior cloud strategy marketing and evangelism manager at Red Hat, will discuss how today’s workloads require a new model and a new platform for development and execution. The platform must handle a wide range of rec...
CloudEXPO New York 2018, colocated with DXWorldEXPO New York 2018 will be held November 11-13, 2018, in New York City and will bring together Cloud Computing, FinTech and Blockchain, Digital Transformation, Big Data, Internet of Things, DevOps, AI, Machine Learning and WebRTC to one location.
More and more companies are looking to microservices as an architectural pattern for breaking apart applications into more manageable pieces so that agile teams can deliver new features quicker and more effectively. What this pattern has done more than anything to date is spark organizational transformations, setting the foundation for future application development. In practice, however, there are a number of considerations to make that go beyond simply “build, ship, and run,” which changes how...
DevOpsSummit New York 2018, colocated with CloudEXPO | DXWorldEXPO New York 2018 will be held November 11-13, 2018, in New York City. Digital Transformation (DX) is a major focus with the introduction of DXWorldEXPO within the program. Successful transformation requires a laser focus on being data-driven and on using all the tools available that enable transformation if they plan to survive over the long term.
As Enterprise business moves from Monoliths to Microservices, adoption and successful implementations of Microservices become more evident. The goal of Microservices is to improve software delivery speed and increase system safety as scale increases. Documenting hurdles and problems for the use of Microservices will help consultants, architects and specialists to avoid repeating the same mistakes and learn how and when to use (or not use) Microservices at the enterprise level. The circumstance w...
Containers, microservices and DevOps are all the rage lately. You can read about how great they are and how they’ll change your life and the industry everywhere. So naturally when we started a new company and were deciding how to architect our app, we went with microservices, containers and DevOps. About now you’re expecting a story of how everything went so smoothly, we’re now pushing out code ten times a day, but the reality is quite different.