Guardian takes on the Google myth

David Smith confronts the Google myth for The Observer, including accounts of the pilgramages politicians take to Google HQ:

Shortly after Obama’s pilgrimage to the ‘Googleplex’, it was the turn of David Cameron. Cameron was accompanied there by Steve Hilton, his director of strategy, who has since moved permanently to California with his wife, Rachel Whetstone, Google’s vice-president of global communications and public affairs (she is also godmother to Cameron’s eldest son, Ivan). Andrew Orlowski, executive editor of the technology website The Register, says: ‘The web is a secular religion at the moment and politicians go to pray at events like the Google Zeitgeist conference. Any politician who wants to brand himself as a forward-looking person will get himself photographed with the Google boys.’

Washington, also, is keen to bathe in Google’s golden light. Al Gore, the former Vice-President, is a long-time senior adviser at the company. Obama has been taking economic advice from Google CEO Eric Schmidt and received generous donations from Google and its staff. Google will be omnipresent at the Democratic and Republican national conventions, providing software for delegates such as calendars, email and graphics. ‘Google has moved into the political world this year,’ says its director of policy communications, Bob Boorstin, a former member of the Clinton administration.

Google’s staff in Washington include five lobbyists, among them Pablo Chavez, former general counsel for John McCain. This year Google moved into new 27,000-square-foot headquarters in one of Washington’s most fashionable, eco-friendly buildings. Visiting senators and congressmen can now share in the famed ‘googly’ experience of free gourmet lunches, giant plasma screens and a game room, named ‘Camp David’, stocked with an Xbox 360 and pingpong.

None of this much impressed Jeff Chester, the executive director of the small but influential Center for Digital Democracy, when he was invited there. ‘It puts all the other lobbying operations to shame,’ he says. ‘They invite politicians into their Washington HQ to give advice on using Google to win re-election. It is the darling of the Democratic Party and there’s no doubt that a win by Obama will strengthen Google’s position in Washington.’

Undeterred by criticisms of his benefactor, Google’s professor of piracy rights, Larry Lessig, congratulates Google’s boys at the FCC for protecting the Google monopoly in a rare foray into the world of the written word. It’s quite amusing and utterly deranged.

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UK government’s viral video

If you don’t know who Jeremy Clarkson is, or don’t have a sense of humor, you won’t get this, so go read The Guardian:

Downing Street always posts responses to petitions and normally the replies to the jokey ones are pretty terse. But last night, in response to the Clarkson request, it put up this.

Okay, it’s not quite Jon Stewart and the Daily Show. But I thought it hit the right note. It’s already had 40,000 hits and at LabourHome someone has praised it as “Gordon Brown’s first truly viral video”.

Right wing blogs in the UK are not amused, sadly, but it’s very au courant and Web 2.0 and all.

FCC finally issues Comcast memo

Kevin Martin and his Democratic Party colleagues at the FCC have issued their Comcast order, available at this link. They find some novel sources of authority and apply some interesting interpretations of the facts. I’ll have some detailed commentary after I’ve read it all and checked the footnotes. It’s an amusing exercise, if you like that sort of thing.

For a good summary of the order, see IP Democracy.

Will Google be the FCC’s next target?

Truth is stranger than fiction. This report in ZDNet suggests that Google may well find itself in the crosshairs of net regulators gone wild:

Google clearly wants the FCC to make sure that other private companies’ networks are open equally to all Internet services. Now, it will be interesting to see if that applies to networks in which Google is involved.

On Friday, the Commission takes up the question of whether Comcast Corp., the nation’s largest provider of high-speed access to the Internet, is “secretly degrading peer-to-peer applications,’’ as the FCC agenda puts it.

As Multichannel News reports, Google Inc. is pressing the Commission to provide clear guidance to broadband network owners on acceptable ways of managing Internet traffic.

Google is shortly to become a network operator, a partner with Comcast in the Clearwire 4G network. Google intends to secure itself pride of place with a Google button on the Clearwire phone, a violation of all that is holy and neutral. This should be fun.

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Kevin Martin’s secret regulations

As the crescendo of criticism builds against the FCC’s pending publication of its new rules for Internet access providers, the New York Times emerges as the sole source of pro-FCC coverage. They publish a bizarre Op-Ed by Free Press chairman Tim Wu equating competing carriers with OPEC and mistaking the general trend in broadband prices – sharply down – with the trend for gas prices, which goes in the opposite direction entirely:

AMERICANS today spend almost as much on bandwidth — the capacity to move information — as we do on energy. A family of four likely spends several hundred dollars a month on cellphones, cable television and Internet connections, which is about what we spend on gas and heating oil.

Here’s what’s happening to broadband prices at Comcast:

High-speed Internet revenue increased 10% to $1.8 billion in the second quarter of 2008 from $1.6 billion in 2007 reflecting a 12% increase in subscribers and a 3% decline in average monthly revenue per subscriber to $42.01, reflecting the impact of additional bundling and the recent introduction of new offers and speed tiers.

I’d love to see a 3% monthly decline in gas prices, even at the same volume level. But the Comcast figures show consumers upgrading to higher speed tiers (like Blast, which I measure at 28 Mb/s download speed) and still seeing an average decline in prices. Wu isn’t talking about life in the Real WorldTM.

Martin himself held a pow-wow with Times reporters, hoping to evoke some of that old-time populism that the nation’s elite daily is so good at. BITS blogger Saul Hansell reports on Martin’s faulty facts and shoddy analysis:

“The network operators can recoup their investment in the network and can charge for access to network services, but consumers have complete control over the devices and content that don’t have anything to do with investment in the underlying network,” he said.

I asked about reports that AT&T now bans all use of peer-to-peer networking software on its wireless data network. It also bans some video services, like the Slingbox feature that lets you watch your home television signal on your cellphone.

Mr. Martin declined to answer. His view is that the commission should not publish explicit regulations. Rather, it should address complaints that are made, as it did with the Comcast case.

“The commission is very careful in that we look at the particular facts that are in front of us. We are not judging the next case,” he said. “Hard and fast rules can actually be over- and under-inclusive, and they can also have adverse impact.”

Mr. Martin was asked whether the commission’s approach will push more Internet providers to start to impose caps on how much bandwidth consumers can use.

He said he wanted to reserve judgment on that trend. He seemed comfortable with Internet providers offering services with limits, so long as they are clearly stated.

So we have this new regime for Internet access providers where every move they make is to be judged according to a list of secret regulations. If ever there was a recipe for stalemate, this is it.

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Federal umpire blows a call

The Wall St. Journal joins the chorus of Bronx cheers aimed at Kevin Martin, the one-eyed federal umpire who blew a call that wasn’t even close:

Those who would use Comcast’s actions to argue for more Internet regulation have misidentified the Big Brother problem. It’s not the private sector they should be worried about. There’s no evidence that Comcast was trying to suppress a political view or favor one of its own services. By all appearances, the company’s policies were motivated by nothing more than making sure a tiny percentage of bandwidth hogs didn’t slow down Internet traffic for everyone else on the network.

Giving the government more say in network management, by contrast, introduces all kinds of potential for political mischief. Net neutrality is a slippery slope toward interventions of all kinds — not merely over access but ultimately over content. Naturally, the most powerful lobbies will have the largest sway. Mr. Martin’s decision in this case may well be driven by his own political hostility to Comcast and the cable industry for resisting some of his other policy priorities.

Mr. Martin’s bad instincts notwithstanding, the FCC’s job is not to determine business models in the private sector. The community of Internet service and content providers has proven itself more than able to work out problems on its own as Web use has exploded. If there are bottlenecks in the future, some providers might choose to block file-sharing services at certain hours of the day. Others might opt for some kind of metered or tiered pricing. Banning these options will only reduce incentives to upgrade networks and launch new services.

Regulators would do better to focus on keeping the overall telecom marketplace competitive. If Comcast customers don’t like the company’s network management policies, they’re free to take their business to Verizon, or AT&T, or some other Internet service provider. A World Wide Web run by Kevin Martin and his political friends will leave us with poorer quality and fewer options all around.

Internet users are several times more likely to suffer from slowed or degraded service on account of their neighbors than their ISPs, so Comcast’s actions have been reasonable. And as many others have noted, the regulatory role is to resolve impasses in the technical collaboration process, not to substitute political insight for engineering knowledge.

Martin blew this one, there’s no doubt about it. We need instant replay in politics.

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Policy-based Evidence-making

Andrew Orlowski has outdone himself in this admirable summary of the FCC’s expected ruling on Comcast:

The landmark decision draws together two strands of policy – one old and specific to the US, and one new and widespread.

I’ve noted before how American politics are largely fought through symbolic gestures. Think of the bitter fights over the wording on the US currency, or inscriptions on public statues. The Neutrality campaign was similarly engaged in a symbolic battle.

But the other aspect is more disturbing. Britain’s equivalent of the FCC, Ofcom, prides itself on what it calls “evidence-based policy making”. It may not always succeed, but it’s a tradition based on empiricism. With “Net Neutrality”, what we’re seeing is the opposite, where the direction is set on a hunch or intuition, or the angst of a mob, and the facts cherry-picked to support the conclusion. The definition of harm and “busting” are great illustrations. Call it “policy-based evidence-making”, if you like.

Indeed.

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Google is Dead

They don’t know it yet, of course. I’ve just checked the new alternative to Google, Cuil (pronounced “cool”) and found it amazingly accurate. They show me as the number 1 Richard Bennett and the number 1 Bennett. Very sweet, even though I’m only the number 12 Richard; that gives me something to strive for.

UPDATE: Esteemed BITS blogger Saul Hansell interviewed Cuil president Anna Patterson on her “36 hours of fame” and got an explanation of the site’s first day troubles: “We were overwhelmed with traffic that was not the standard pattern,” Ms. Paterson said. “People were looking for their names a lot.”

Doh.

The Soul of Kevin Martin

Declan McCullagh takes a good look at the legal and political issues around the FCC’s pending wrist-slap of broadband carrier Comcast in FCC probably can’t police Comcast’s BitTorrent throttling:

If FCC enforcement against Comcast is illegal, why would Chairman Martin call Friday’s meeting? Only he knows for certain, but one explanation is that if the FCC is embarrassed when slapped down by a federal appeals court two years hence, Martin will have long since departed to a lucrative partnership at a law firm or private equity firm. (This is a customary exit path for FCC chairmen: Newton Minow went to Sidley Austin; William Kennard went to the Carlyle Group; James Quello went to Wiley Rein, named for ex-chairman Richard Wiley, where equity partners made an average of $4.4 million in 2006.)

Friday’s ruling may also end up as a cautionary tale for AT&T and Verizon, which as recently as last month seemed to be egging on the FCC to take action against their cable industry rival. But the same activists that have targeted Comcast before the FCC no doubt realize that AT&T’s terms of service limit “peer-to-peer applications”; Verizon Wireless flatly prohibits them; Verizon’s Fios service blocks incoming port 80. Another term for those network management practices is “Net neutrality violations.”

Motivation is interesting, and Declan’s probably right that Martin has a trick up his sleeve. My concern about this action is the precedent it would set. If the FCC is allowed to impose any madeup-on-the-spot rule that it fancies on companies with multi-billion dollar infrastructure investments, I can’t see the financial markets being too willing to part with the cash to engage in the continual upgrade that broadband networks require. The financial markets can tolerate many kinds of risk, but the political or career ambitions of Young Turk commissioners with the power to impose arbitrary sanctions isn’t one of them. Martin should sober up and look at the big picture instead of pulling the trigger on Comcast.