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The Internet The Courts Your Rights Online

First Net Neutrality Lawsuit Will Target Time Warner Cable 88

An anonymous reader writes: The U.S. government's new net neutrality rules finally took effect last Friday, and a company is already using them to line up a lawsuit against Time Warner Cable. A firm called Commercial Network Services, which runs a bunch of webcams, says TWC is charging them unreasonable rates to stream video to their customers. "The [FCC's] regulations establish hard and fast rules against slowing or blocking Web traffic, as well as a ban on content companies paying for speedier service once their traffic enters a provider's network. But by design, they don't say nearly as much about how companies should negotiate the private agreements that ensure Web traffic flows smoothly into an Internet provider's network — and to your home." TWC has been arranging "settlement-free peering" with various companies, but refused such a deal with CNS. The complaint will ask the FCC to rule that ISPs must strike free peering deals with website operators.
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First Net Neutrality Lawsuit Will Target Time Warner Cable

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  • Frivolous (Score:5, Insightful)

    by bhcompy ( 1877290 ) on Wednesday June 17, 2015 @10:20AM (#49929495)
    This is a frivolous suit. The net neutrality rules have nothing to do with peering, they have everything to do with throttling. There is no throttling here, only a service provider that is hosted in low grade facilities with low grade connections because they won't pay to be on major network
    • Re:Frivolous (Score:5, Interesting)

      by Kjella ( 173770 ) on Wednesday June 17, 2015 @10:59AM (#49929809) Homepage

      Why can't peering be their way to implement throttling? Here's the good, bad and ugly peering point with high, medium and low prices respectively. Sure, we don't throttle the ugly hub but it's connected to the rest of our network by a dial-up via Uzbekistan, while the good hub got a 100Gbit fiber directly to our core network. If you don't have equal access to the network, you don't get equal access for the traffic. You just move the traffic discrimination to another tier.

      • Yeah, I think it should really boil down to a question of whether it can be shown that TWC is refusing the peering agreement as a method of throttling, or whether their refusal is justified. Unfortunately, I have doubts about the average person understanding the technology well enough to serve on a jury for this kind of thing.
        • settlement free peering implies that both parties send about the same amount of traffic to each other. at least google and MS can scan the traffic for analytics which is why they are peering with them. these idiots will lose. peering has been around since the baby bells
          • Re:Frivolous (Score:4, Interesting)

            by Spazmania ( 174582 ) on Wednesday June 17, 2015 @01:50PM (#49931137) Homepage

            Well, that's the big ISP's big lie anyway. In reality "traffic ratios" are an excuse for the "eyeball" networks (those serving consumers) to peer with each other while somehow justifying a refusal to peer with the "content" networks (those providing the movies, web pages and other content consumed).

            Many networks do settlement-free peering with each other without any traffic ratios. Indeed, a shocking number of folks find it convenient to peer with google despite the lopsided ratio.

            • by JoelKatz ( 46478 )

              It's not "somehow justifying", the justification is quite clear. We presume the traffic benefits both parties equally, thus each party should be about half the cost. Content networks put their servers wherever it's cheapest to put traffic on the Internet while eyeball networks have to take their customers where they find them. Thus, without settlement, eyeball networks would pay more than half the cost of the traffic, which would be unfair. Settlement-based peering splits the costs to match the benefits.

              • That sounds so reasonable. Just one problem: those customers you took where you found them paid you to take them where you found them and connect them to the Content networks. Refusing to provide that paid-for service (or throttling it) until the Content networks _also_ pay you is fraudulent double-billing.

                • by JoelKatz ( 46478 )

                  They are providing the service the customers paid for -- half the work in exchanging their traffic with the rest of the Internet, with the other half to be covered by the other network.

    • Re: (Score:3, Insightful)

      by Spazmania ( 174582 )

      Peering IS an Internet "fast lane," at least in a coarse sense. Your paying customers have the most favorable data rates in to and out of your network. Next come your reciprocal peers. Finally, you keep the connections you have to pay for at the highest congestion levels in order to minimize your cost.

      By refusing peering to a third party, you force them to either pay you or suffer degraded data rates through your paid channel. This is throttling.

      • Re:Frivolous (Score:4, Informative)

        by sabri ( 584428 ) on Wednesday June 17, 2015 @12:10PM (#49930327)

        Peering IS an Internet "fast lane," at least in a coarse sense. Your paying customers have the most favorable data rates in to and out of your network. Next come your reciprocal peers. Finally, you keep the connections you have to pay for at the highest congestion levels in order to minimize your cost.

        You clearly don't understand the internet.

        Peering (as opposed to transit) is two private networks deciding that they exchange enough traffic that it justifies the capex and opex of a dedicated network port or dedicated peering session between the two networks.

        If large network A already sees small network B through peering with large network C (in which case usually B is a customer of C), there is little reason for A to peer with B unless bi-directional traffic reaches certain levels. Those levels are part of network A's peering policy.

        This has nothing to do with net neutrality.

        By refusing peering to a third party, you force them to either pay you or suffer degraded data rates through your paid channel. This is throttling.

        Total and utter bullshit, and FUD originating from Netflix etc in their "peering dispute" with Comcast. Network B can purchase enough bandwidth from network C. If there is an issue with bandwidth between network B and network A, they will figure it out and add additional ports.

        • Re: (Score:2, Interesting)

          by Spazmania ( 174582 )

          I stand by my record. Better part of a decade as the technical lead of a regional Internet Service Provider. Frequent participant in the North American Network Operators Group. Participant in the Internet Research Task Force's Routing Research Group.

          There are perhaps 100 people in the world who know these issues as well as or better than I do. You are not one of them.

          • it makes sense for small ISP's to peer with edge providers to save money. well known. different for larger ISP's
            • Right. Regional monopoly/duopoly ISPs have the power to compel double-billing, in which they collect money from two different customers for each packet that transits their network. This "saves" them a considerable amount of money.

              • If I want to guarantee a level of service to a certain customer I buy space within the specific network's data center. If I want to guarantee general connectivity, I stick it in random data center built out of a former Sear's Auto Center hooked up to some commercial cable network
              • by JoelKatz ( 46478 )

                Well, the packet benefits both the sender and the recipient. It makes sense that each of them should bear about half the costs.

                When Google sends a packet to a Comcast customer, we presume that packet benefits both Google and Comcast equally. So Google should pay half the cost and Comcast should pay half the cost. With no settlement, Google will pay much less than half the cost, because Google can put their servers where it's cheapest and Comcast has to take their customers where they find them. So Comcast c

                • Your reasoning does not make sense. If each packet benefits each side equally then the benefit from all of the packets is exactly equal. Direction ratios, length of travel and phase of the moon are all irrelevant bits of information that don't apply to the question.

                  • by JoelKatz ( 46478 )

                    I agree, the benefit of all the packets is exactly equal.

                    I'm saying that because the benefits are equal, the costs should be equal too.

                    For example, say two national networks peer and there's much more outbound traffic from A to B than from B to A. That means that even though the benefits to both networks are equal the costs will be much higher to B because it has a larger length of travel. So thus it makes sense to equalize the costs by having A pay B.

                    Or say Google is going to exchange traffic with Comcast.

          • by sabri ( 584428 )

            I stand by my record. Better part of a decade as the technical lead of a regional Internet Service Provider. Frequent participant in the North American Network Operators Group. Participant in the Internet Research Task Force's Routing Research Group.

            Bill, you should know that peering has nothing to do with CoS (fast lanes). Peering is about two networks agreeing to directly exchange traffic when that makes operational and business sense. When Snake Oil Inc with a /19 and 5000 dsl subs wants to peer with Cogent, I will guarantee you that they will be redirected to the sales department. And justly so.

            If you're advocating that unless one peers with everyone who sends a peering request, one is violating "net neutrality", you really need to go back to net

    • The net neutrality rules have nothing to do with peering, they have everything to do with throttling

      I take it you didn't bother to read the FCC's rule? Charging more for higher bandwidth is against the FCC's rule.

      Yeah, no doubt what they really meant was throttling. However, what they WROTE applies to pretty much any tiered service that your ISP provides ($50 for 5GB/sec, $100 for 8GB/sec - that's charging more for higher bandwidth!!!). Including this particular case....

  • by Anonymous Coward

    Some terms:
    CUSTOMER - the entity that wants to be connected to the Internet
    TRANSIT provider - connects the Customer to the Internet
    PEER - two transit providers who connect to each other (they are peers in the industry)

    SETTLEMENT-FREE peering (also "free peering") is when two (or more) transit porivders exchange a similar amount of ingress/egress traffic. It benefits both to do so at private peering points vs transitting their own long-haul networks.

    CUSTOMERS are not PEERS of their TRANSIT PROVIDER. (To p

    • by dgatwood ( 11270 )

      CUSTOMERS are not PEERS of their TRANSIT PROVIDER. (To put in English: an end-user is not on the same level as their ISP!)

      While true, that's a bit misleading. A company that buys multiple pipes to multiple ISPs and has the ability to transport data across their own internal links for the benefit of their ISPs can potentially become a peer of their ISPs. The ISP is not legally obligated to grant them that status, however, and at such a point as they do so, that customer ceases to be a customer of the ISP,

    • Close but not quite.

      Internet customer: someone who pays me to connect them to "the Internet"

      Transit provider: Someone I pay to connect me to "the Internet"

      Peer: Any network with whom I agree to trade packets from my own network and my Internet customers, to his network and Internet customers, and vice versa. Put another way: we agree to trade packets only for which our respective customers have paid us to transmit or receive them. Sometimes called "settlement free peering."

      You'll sometimes hear the term "pa

    • PEER - two transit providers who connect to each other (they are peers in the industry)

      No,

      PEER - two networks who connect to each other to provide themselves and their customers (if any) with access to each other and each others customers (if any). Those networks may or may not be in the buisness of selling transit on the open market. Google, netflix, the BBC and so-on all have plenty of peers.

      ISPs who are in the buisness of providing high quality service to their customers (as many smaller providers are) a

  • by T.E.D. ( 34228 ) on Wednesday June 17, 2015 @10:34AM (#49929609)

    Technically, this has nothing to do with throttling traffic. Instead it is about TW not going out of their way to help speed up a company's traffic by providing peering [wikipedia.org].

    I could see the FCC arguing that is covered too, if the ISP is providing it to anybody. I don't think the world would come crashing down if that was the ruling.

    OTOH, this takes extra effort on the ISP's side, and they can't do it with everyone. If everybody is made a peer, then they'd have to put in some extra structure to handle all the peers, and eventually everybody would be right back where they started from. Either way, its certain if I started an online video business tomorrow (TEDTube), I couldn't reasonably demand TW peer me with my $0 to invest in the effort. So I'm not rich enough to demand what CNS is demanding, no matter what.

    So there is going to be a limit somewhere, and it looks like CNS is trying to argue that that Net Neutrality somehow demands that the limit be moved just far enough for them to get in. There's no principle here.

    • Re: (Score:2, Insightful)

      by Anonymous Coward

      And so it begins. Except a lot of crap like this to happen, and expect your costs to rise in response. Lawsuits are expensive. Being forced to offer agreements to anyone who comes along is expensive. Being unable to throttle traffic, especially abusive traffic, means that either they spend a ton of money to upgrade everything (they won't) or your service will suffer.

      All of you people who thought this was such a great idea, rainbows and unicorns, you just wait.

      • Re: (Score:1, Funny)

        by Anonymous Coward

        And so it begins. Except a lot of crap like this to happen, and expect your costs to rise in response.

        Nope. I expect my costs will go down, just as soon as I can convince the FCC that my home network should be eligible for a settlement-free peering arrangement with my local ISP. ;-P

        Captcha: directly

        • Peering only connects you to the other network's customers, not to the Internet at large.

          You'd still have to pay someone to connect you to the other 99% of the Internet.

          You'd still have to pay for the network line that connects your house to the location where your ISP does its peering.

          Compulsory peering just means that when your ISP's customers have paid for access to "the Internet" and you offer to provide the ISP a direct connection to your part of "the Internet," the ISP has an obligation to service its

    • by Anonymous Coward

      TFA is about peering at public interconnection points so cost should be minimal. Whats interesting is Charters peering policy is very open and allows even for regional peering at public points, hopefully that will continue be the case if the TWC merger happens.

    • Instead it is about TW not going out of their way to help speed up a company's traffic by providing peering.

      While at the same time going out of their way to speed up any company's traffic who pays them (including offering to speed up this company's for the right fee). Paid prioritization and throttling are two sides of the same coin. Either violates net neutrality.

      • by T.E.D. ( 34228 )
        That's why I said I could be convinced. That would be line of logic it would take. However, unless the ruling is that TW has to do this for anyone who asks for no extra charge, we aren't talking true neutrality.
        • There's a little nuance, but that's basically correct: TWC should have to do this for anyone who asks.

          Nuance:

          Peer where? TWC gets to pick the location and it isn't fair to require TWC to pay to connect from that location to yours. That's an expense you either pay for or negotiate.

          Peer with how much of TWC's network? We're not talking about a single city here, TWC serves many mainland communities and large swaths of Hawaii too. Even if you connect at their favored location, should they be required to shuttle

  • by afidel ( 530433 ) on Wednesday June 17, 2015 @10:47AM (#49929711)

    Individual end users have never received settlement free peering, only major networks. The big guys occasionally kicked L3 and Cogent because they tended to have more providers than consumers on their network since they weren't part of the last mile club, but otherwise things work fairly well. Demanding that every end network be able to perform settlement free peering is insane and will lead to nothing but trouble. The biggest problem is that this kind of thing fuels an appearance that the big telcos were right and that the FCC rules are overbearing, which is unfortunate since they're just trying to rein in the worst excesses and abuses of the companies that hold hostage the future of our information based economy.

    • Nonsense. Small networks frequently peer with each other, even as they're locked out of peering in the big boys' club. And for your information, the arbitrary and capricious standards for joining the boys' club IS one of the worst excesses and abuses of the companies that hold hostage the future of our information based economy.

  • The Real Winners... (Score:5, Informative)

    by rjune ( 123157 ) on Wednesday June 17, 2015 @10:49AM (#49929729)

    The real winners with "Net Neutrality" is the lawyers. Always the lawyers.

  • The complaint will ask the FCC to rule that ISPs must strike free peering deals with website operators.

    ... but I don't think CNS understands the meaning of the word "peer".

  • by xxxJonBoyxxx ( 565205 ) on Wednesday June 17, 2015 @11:03AM (#49929837)

    I can't say that I'd be in favor of net neutrality if I knew it was going to lead to some large, meaningless-except-to-the-lawyers-who-collect-cash class action lawsuits. What I really want is federal, PMITA regulation beating the hell out of telecoms whenever they decide to promote this or that service over another.

    • by Anonymous Coward

      Who knew that incredibly vague rules about a non-problem could lead to exploitation by lawyers?

  • by msobkow ( 48369 ) on Wednesday June 17, 2015 @11:24AM (#49929971) Homepage Journal

    Wah! They're charging us for a commercial uplink!

    We should get it for free! Net neutrality and all that!

    Plus they've got lots of money, so we're suing.

    • Wah! I'm an idiot who doesn't understand the difference between Transit (uplink) and peering and can't be bothered to learn.

      • by msobkow ( 48369 )

        Peering is nothing more than a dedicated uplink with higher bandwidth capacity than that normally provisioned, and private between two networks.

        There is absolutely no reason some piddly little site should expect to be given a peering arrangement just because they think they're being charged too much for a commercial link. Bandwidth is bandwidth, and there is NOTHING about "net neutrality" thar forces ISPs to peer with anybody.

        • Peering is not an uplink at all. It has different characteristics.

          Internet Transit service (that uplink) connects you with the rest of the Internet. It's expansive. It connects you to "everything."

          Peering connects you with your neighbor and his paying customers. Nothing else, just the folks who have paid your neighbor to connect them with "the Internet."

          Are you comprehending the difference? One connects you with everything, even when the ISP has to pay for it. The other connects you only to folks who have a

      • by msobkow ( 48369 )

        And, by the way, this "idiot" wrote backbone internet and billing software for some small companies you may have heard of: Northern Telecom and AT&T. I've been around a long, long time and been the bowels of systems and corporations whose operations dwarf what most people have dealt with.

        • by msobkow ( 48369 )

          *LOL* "been in the bowels"

          Mind you, some of the jobs were pretty shitty. :P

        • Which AT&T? The rebranded Cingular or the old one that collapsed to nothing allowing Cingular to buy them? Nortel, of course is in bankruptcy. And you wrote the software that managed their money you say? Did it round off the pennies?

  • http://help.twcable.com/twc_se... [twcable.com]
    I've read through a number of peering agreements over the last year, and this is one of the most onerous and one-sided that I've seen. Mandating minimum connection speeds that are out of the realm of all but probably the 20-30 largest carriers in the world, minimum of 8 POPs with 4 of them in distinct regions peering with TWC, must have at least 500 downstream AS's, and must be advertising 2000+ /24s of IPv4 space.
    Definitely taking the stance of they have everything to

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