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ISPs' traffic handling in the spotlight
Is it reasonable to slow down uploads?

By Anne Broache

Published: Monday 25 February 2008

The high-profile squabble over Comcast's slowdown of BitTorrent file-sharing traffic - and broader questions of network handling by ISPs - is set for public scrutiny at a federal hearing today.

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The hearing, which will be open to the public, is an outgrowth of the agency's recently launched inquiry into what constitutes "reasonable" network management practices by ISPs.

The FCC in 2005 said broadband companies should not block or interfere with lawful internet use, unless they're doing so for "reasonable" network management purposes, but revelations Comcast was stalling uploads to BitTorrent protocol clients raised new questions about what "reasonable" means.

The public forum will give the commissioners a chance to quiz company executives and networking experts, and perhaps reveal what they may do next. The regulators have already accepted thousands of written comments from private citizens, interest groups and corporations concerned about the topic. They may choose, based on the comments, to start a process that would more clearly establish what ISPs may and may not do but they're not obligated to do so.

The event also signals a clear revival of a debate over whether web neutrality laws are needed.

Columbia law school professor Tim Wu, who has written extensively in favour of net neutrality regulations, said: "What we're going to see on Monday is a trial of the internet."

Net neutrality, of course, is the idea that network operators like AT&T and Comcast should be prohibited from prioritising web content and applications, or charging content owners extra fees for premium delivery. Two years ago, Congress considered handing the FCC extensive power to regulate internet practices, but it rejected the proposals.

Proponents say such policies are necessary to promote democracy itself. But opponents, including the network operators, say they deserve flexibility to manage their networks as they see fit to serve their customers' interests - for instance, blocking spam and ensuring that use of high-bandwidth applications by some users at peak times doesn't clog the pipes for everyone else.