House of Representatives hearing on net neutrality

The U.S. House of Representatives' Subcommittee on Telecommunications and the Internet is holding a hearing today on a bill that would regulate certain aspects of net neutrality.

I believe deeply in the principle of free access to all legal Internet destinations. What I want to make sure of is that we don't confuse net neutrality with

responsible network management - the later of which is absolutely essential at keeping your Internet running fast and smoothly.  I intend to delve into that subject in the coming weeks.

For now, I'd like to point your attention to an interesting post at IP Democracy about the written testimony that the CEO of the Recording Industry Association of America (RIAA) has filed in advance of today's hearing.

Cynthia Brumfield, who edits IP Democracy, points out that RIAA CEO Mitch Bainwol seems to be leaving that organization's options open when it comes to net neutrality regulation.

First, the RIAA seems to be wavering in its traditional opposition to network neutrality regulations. Even though the record industry still doesn't like net neutrality regulations, Bainwol seemed to leave open the idea that if ISPs won't do something about music piracy, the RIAA might switch sides.

I also took a look at National Cable and Telecommunications Association CEO Kyle McSlarrow's testimony (PDF) in advance of today's hearing. McSlarrow offers a thorough outline of the cable industry's position on responsible network management.

Since I'll be writing much more on this subject later, I won't dwell on it here today. But, it's important to point out that in light of the RIAA's concerns, McSlarrow's testimony states that piracy of copyrighted works is a shared concern of the cable industry.

Reasonable network management practices are also vital to combating the well documented, illegal distribution of copyrighted material on the Internet. We cannot ignore the problem of piracy. It is a problem that affects not just broadband service providers, legitimate broadband application providers and content providers, but also law-abiding consumers. Ultimately they are the ones that bear the burden of congestion caused by those who abuse their network access to engage in the widespread distribution of infringing works. Technology is agnostic, but, according to one source, 90 percent of P2P downloads are pirated material. Broadband providers, content owners and others all have a stake in exploring technology solutions that address piracy in ways that respect our customers’ expectations and respect the copyright owner’s rights, not simply to curtail congestion but for reasons of fairness to those who invest in content and make an important contribution to our economy. Government action that would inhibit development of innovative approaches to thwarting piracy and enhancing the online experience for the vast majority of Internet users would harm content creation and ultimately consumers. In this regard, we appreciate that H.R. 5353 recognizes the distinction between lawful and unlawful content.

McSlarrow is correct. Piracy of copyrighted works by P2P users is a critical issue for broadband providers, like Insight, to confront, and innovative solutions to this problem can be developed through cooperative efforts of the affected stakeholders.

Efforts like the Distributed Computing Industry Association (DCIA)'s P2P Best Practices Initiative and Digital Watermark Working Group are examples of how the cable industry can work in cooperation with P2P service providers and content owners to answer the issue of P2P piracy without additional government regulation of the Internet.