9. We do not believe that it is in the public interest for Internet service providers or networking sites to neglect screening content because of a fear that they will become liable under the terms of the EC E-Commerce Directive for material which is illegal but which is not identified. It would be perverse if the law were to make such sites more vulnerable for trying to offer protection to consumers. We recommend that Ofcom or the Government should set out their interpretation of when the E-Commerce Directive will place upon Internet service providers liability for content which they host or to which they enable access. Ultimately, the Government should be prepared to seek amendment to the Directive if it is preventing ISPs and websites from exercising more rigorous controls over content. (Paragraph 95)
10. We found the arguments put forward by Google/You Tube against their staff undertaking any kind of proactive screening to be unconvincing. To plead that the volume of traffic prevents screening of content is clearly not correct: indeed, major providers such as MySpace have not been deterred from reviewing material posted on their sites. Even if review of every bit of content is not practical, that is not an argument to undertake none at all. We recommend that proactive review of content should be standard practice for sites hosting user-generated content, and we look to the UK Council proposed by Dr Byron to give a high priority to reconciling the conflicting claims about the practicality and effectiveness of using staff and technological tools to screen and take down material. (Paragraph 96)
Thursday, July 31, 2008
Parliament says social networks must do better
They want a move from 24-hour take-down to a much more rapid response - see Blogzilla's thoughts here. It will be much more expensive, but then barriers to entry are what regulation is all about - though I don't see any cost-benefit impact assessment here!!!
Wednesday, July 09, 2008
Spiked and updated blawg
I've gone slightly fancy - too cluttered and ugly you think? I see Technollama has changed too
Spoke last night at Sp!ked on the potential Internet investment crisis- here's roughly what I said (video on Friction TV soon):
Slowing Internet? Japan now – and WorldCom's doubling every 100 days in 2000….
1. Truth issue – how did it happen and why? Agree with Rob
a. Mid-2006 – Ofcom conference, Charlie Dunstone on death-threats – Comcast comparison
b. ISPs and fair use – security, blocking, throttling;
c. heavy users and P2P;
d. Ofcom and regulation – can they spot it?
e. City and investment – what incentive to invest in last mile?
f. Govt and rural users – note ITS conversations re. Ethernet
2. Phorm issue – they have to make money somewhere – Google’s cash – but privacy? Not Ofcom
3. Net neutrality issue – Kangaroo, so someone will get net neutrality – Parliament issue
4. European issue – BERT and Brussels
5. Fibre issue – back to DSL? Lets all sign the form 15billion? Wasn’t it 20billion in mid-1990s
6. Govt and regulation and incentives – is there the spectre of the broadband ISP as regulatory panacea? “Be careful what you wish for”
a. Data retention – ISP codes;
b. Personal Internet Security - communication from EC
c. Harmful content however defined – IWF
d. Three strikes French proposals – Ecomms package
e. Co-regulation – government encouraging ISPs to do ‘the right thing’ – but this has been continuing since 1996 and Comms Decency Act
f. E-commerce Directive revision 2011.
Q&A even less clear but:
Mobile – shared sites – wholesaled BT fibre?
Google – uniquely powerful position – but BBC?
Fixed pricing – capping value destruction NL “dysfunctional value chain” – Phorm answer?
Cross-subsidy to mobiles FTM termination – no room for consensus – nb. Japan/Korea electricity infrastructures
VPN in part – ‘last mile’
Public interest? Iplayer – public value test
Audiovisual Media Services Dir. – China co-reg
SMS 21st century telegraph in terms of cost per bit
Spoke last night at Sp!ked on the potential Internet investment crisis- here's roughly what I said (video on Friction TV soon):
Slowing Internet? Japan now – and WorldCom's doubling every 100 days in 2000….
1. Truth issue – how did it happen and why? Agree with Rob
a. Mid-2006 – Ofcom conference, Charlie Dunstone on death-threats – Comcast comparison
b. ISPs and fair use – security, blocking, throttling;
c. heavy users and P2P;
d. Ofcom and regulation – can they spot it?
e. City and investment – what incentive to invest in last mile?
f. Govt and rural users – note ITS conversations re. Ethernet
2. Phorm issue – they have to make money somewhere – Google’s cash – but privacy? Not Ofcom
3. Net neutrality issue – Kangaroo, so someone will get net neutrality – Parliament issue
4. European issue – BERT and Brussels
5. Fibre issue – back to DSL? Lets all sign the form 15billion? Wasn’t it 20billion in mid-1990s
6. Govt and regulation and incentives – is there the spectre of the broadband ISP as regulatory panacea? “Be careful what you wish for”
a. Data retention – ISP codes;
b. Personal Internet Security - communication from EC
c. Harmful content however defined – IWF
d. Three strikes French proposals – Ecomms package
e. Co-regulation – government encouraging ISPs to do ‘the right thing’ – but this has been continuing since 1996 and Comms Decency Act
f. E-commerce Directive revision 2011.
Q&A even less clear but:
Mobile – shared sites – wholesaled BT fibre?
Google – uniquely powerful position – but BBC?
Fixed pricing – capping value destruction NL “dysfunctional value chain” – Phorm answer?
Cross-subsidy to mobiles FTM termination – no room for consensus – nb. Japan/Korea electricity infrastructures
VPN in part – ‘last mile’
Public interest? Iplayer – public value test
Audiovisual Media Services Dir. – China co-reg
SMS 21st century telegraph in terms of cost per bit
Thursday, May 15, 2008
Thursday, April 24, 2008
UK Broadband Stakeholder Group proposed policy
Walker, Antony Malcolm Taylor and Vicky Read (2007, undated) Pipe Dreams? Prospects for next generation broadband deployment in the UK, Broadband Stakeholder Group
Recommendation 1– Define the public value of broadband networksIt will take years for a complete evidence base to emerge to assess the full economicand social value of broadband. However, it should be possible now to define a frameworkto assess the potential public value of broadband, i.e., to identify the factors that should be taken into account when assessing broadband’s impact on society and the economy. Once such an approach is agreed, evidence can be added in as it emerges and a more accurate model developed for assessing the public value of broadband. This should be a collaborative initiative involving industry, academics, the DTI and Treasury.
Recommendation 2– Monitor demand for bandwidthAs a new wave of bandwidth intensive services come online over the next 12-24 months, close attention should be paid to the actual growth in demand for bandwidth by households and businesses both in the UK and internationally. Various approaches could be used to develop data in this area. However, this information should be made publicly available to help inform decision making by stakeholders across the value chain. This should be coordinated by Ofcom.
Recommendation 3– Set a benchmarked target for 2012The UK must have a communications infrastructure that enables it to compete andprosper in the global knowledge economy. The government and Ofcom should, therefore,benchmark the UK’s communications infrastructure with our global competitors.Government should establish a target to ensure that by 2012 the UK remains in theupper quartile of OECD nations in terms of the range of broadband delivered services towhich its people have ready access (Quality) and the proportion of the population served by broadband (Reach). These two aspects of quality and reach should be defined through a basket of metrics, similar to the approach used to define the competitiveness and extensiveness targets in 2001. This work should be undertaken by government, in collaboration with stakeholders, and updates should be published bi-annually.
Recommendation 4– Explore alternative commercial models to support network investmentFurther work should be undertaken by stakeholders to debate and explore alternativecommercial models to support network investment. Good solutions need to be foundthat align the interests of operators with upstream content and service providers andend consumers whilst mitigating concerns about blocking or degrading third partyapplications and services.
Recommendation 5– Develop a regulatory framework for next generation broadband
Discussion on the regulatory challenges posed by next generation access (NGA) networks has only just begun in the UK. Ofcom opened up the debate with its discussion document published in November 2006. This document raised a broad range of complex issues, which need to be explored in more detail. Further informal discussions should be undertaken in advance of a full public consultation by Ofcom. However, Ofcom needs to set out the principles of its regulatory approach to NGA within a 12 month time period, if the inhibiting effects of regulatory uncertainty on investment are to be avoided.
Recommendation 6– Explore options for access to passive infrastructure
As an input into Ofcom’s NGA preconsultation, a more detailed review should be undertaken into the options for access to alternative passive infrastructure in the UK. This work should be taken forward by stakeholders.
Recommendation 7– Identify models for efficient public sector intervention
While the BSG recommends that the public sector should forbear from intervening topromote NGA deployment at this stage, it is highly likely that public sector support will be required in areas where persistent market failure is most likely. Building on the BestPractice Guide published by the DTI and Ofcom in February 2007, further work shouldbe undertaken to identify and experiment in the development of efficient and effectivemodels for public sector interventions in collaboration with commercial stakeholders,government and the regulator.
Recommendation 8– Remove non-sector specific regulatory barriers
The deployment of next generation access infrastructure will inevitably require new civilinfrastructure and will involve significant new street works across the country. DTI should work together with relevant departments and public sector bodies and the industry to develop streamlined approaches to NGA related street works and planning issues tominimise both the disruption caused and the cost to operators of these works. Thegovernment should also review the nondomestic rating applied to optical fibre. Thecurrent approach provides a strong financial disincentive to the use of deployed fibre.
Recommendation 9– Review universal service/universal access
The current universal service directive refers only to functional internet access. However, as the adoption of broadband continues to accelerate, this definition is starting to lookoutdated. Ofcom’s consultation on universal services should address both the definition of universal service and future approaches to funding universal service/ universal access.
Recommendation 1– Define the public value of broadband networksIt will take years for a complete evidence base to emerge to assess the full economicand social value of broadband. However, it should be possible now to define a frameworkto assess the potential public value of broadband, i.e., to identify the factors that should be taken into account when assessing broadband’s impact on society and the economy. Once such an approach is agreed, evidence can be added in as it emerges and a more accurate model developed for assessing the public value of broadband. This should be a collaborative initiative involving industry, academics, the DTI and Treasury.
Recommendation 2– Monitor demand for bandwidthAs a new wave of bandwidth intensive services come online over the next 12-24 months, close attention should be paid to the actual growth in demand for bandwidth by households and businesses both in the UK and internationally. Various approaches could be used to develop data in this area. However, this information should be made publicly available to help inform decision making by stakeholders across the value chain. This should be coordinated by Ofcom.
Recommendation 3– Set a benchmarked target for 2012The UK must have a communications infrastructure that enables it to compete andprosper in the global knowledge economy. The government and Ofcom should, therefore,benchmark the UK’s communications infrastructure with our global competitors.Government should establish a target to ensure that by 2012 the UK remains in theupper quartile of OECD nations in terms of the range of broadband delivered services towhich its people have ready access (Quality) and the proportion of the population served by broadband (Reach). These two aspects of quality and reach should be defined through a basket of metrics, similar to the approach used to define the competitiveness and extensiveness targets in 2001. This work should be undertaken by government, in collaboration with stakeholders, and updates should be published bi-annually.
Recommendation 4– Explore alternative commercial models to support network investmentFurther work should be undertaken by stakeholders to debate and explore alternativecommercial models to support network investment. Good solutions need to be foundthat align the interests of operators with upstream content and service providers andend consumers whilst mitigating concerns about blocking or degrading third partyapplications and services.
Recommendation 5– Develop a regulatory framework for next generation broadband
Discussion on the regulatory challenges posed by next generation access (NGA) networks has only just begun in the UK. Ofcom opened up the debate with its discussion document published in November 2006. This document raised a broad range of complex issues, which need to be explored in more detail. Further informal discussions should be undertaken in advance of a full public consultation by Ofcom. However, Ofcom needs to set out the principles of its regulatory approach to NGA within a 12 month time period, if the inhibiting effects of regulatory uncertainty on investment are to be avoided.
Recommendation 6– Explore options for access to passive infrastructure
As an input into Ofcom’s NGA preconsultation, a more detailed review should be undertaken into the options for access to alternative passive infrastructure in the UK. This work should be taken forward by stakeholders.
Recommendation 7– Identify models for efficient public sector intervention
While the BSG recommends that the public sector should forbear from intervening topromote NGA deployment at this stage, it is highly likely that public sector support will be required in areas where persistent market failure is most likely. Building on the BestPractice Guide published by the DTI and Ofcom in February 2007, further work shouldbe undertaken to identify and experiment in the development of efficient and effectivemodels for public sector interventions in collaboration with commercial stakeholders,government and the regulator.
Recommendation 8– Remove non-sector specific regulatory barriers
The deployment of next generation access infrastructure will inevitably require new civilinfrastructure and will involve significant new street works across the country. DTI should work together with relevant departments and public sector bodies and the industry to develop streamlined approaches to NGA related street works and planning issues tominimise both the disruption caused and the cost to operators of these works. Thegovernment should also review the nondomestic rating applied to optical fibre. Thecurrent approach provides a strong financial disincentive to the use of deployed fibre.
Recommendation 9– Review universal service/universal access
The current universal service directive refers only to functional internet access. However, as the adoption of broadband continues to accelerate, this definition is starting to lookoutdated. Ofcom’s consultation on universal services should address both the definition of universal service and future approaches to funding universal service/ universal access.
Thoughts on the 22 April convergence thinktank
Ashley Highfield – BBC and soon Project Kangaroo: Is net neutrality only for PSBs or for all commercial users? Content creators? Citizens? “How can we move away from price towards value-added services?” Suggests that solution is that ISPs charge for better QoS – but not by charging BBC or other content providers. 2004 – MORI research that BBC websites had “brought around 2million people online – recommended that one of our goals should be the drive take-up of the Internet” “We are about creating demand for broadband in Britain” “I don’t think its our role to invest in the infrastructure … but to drive demand”
Both he and Steve Robertson (CEO: Openreach) want “redefinition of universality” – to “reasonable speeds” – say 2Mbps. “The consumer will be confused if different content comes through a different speeds” – basis “all content on that ISP should be treated equally”
Mike Short (O2) refers to Korean IT 8-3-9 plan and international competitiveness. Broad discussion of ICT-RTD – much more i2010. Discusses “applications think-tank” – and Financial Services Authority role.
Dave Happy support “Pipe Dreams” 9 recommendations
Background paper by Foster, Robin (2007)
“digital and broadband open up the prospect of many new entrants into the media market, and remove the need for intermediation between producers and consumers” – but with 4 caveats:
“Some powerful bottlenecks will remain (even with broadband, there are still only a few alternative distribution platforms to use, and consumers face costs in switching between them);
The rationale for vertical integration that exists today will remain – securing access to content, ensuring that content can get to the consumer, reducing transaction costs, effective planning etc;
Costs of marketing and packaging content (and the risks involved) are likely to rise, putting a premium on scale and access to funding;
Synergies from exploiting content and resources across media will drive companies to operate in related horizontal markets.”
(7.4.23 at p82) Foster, Robin (2007) Future Broadcasting Regulation - An independent report by Robin Foster commissioned by the Department for Culture, Media and Sport, January, at www.culture.gov.uk
It contains some assumptions: “Broadband might only be used where the extra functionality is sufficiently valued by consumers to cover the extra delivery costs involved;” (at 7.2. 21).
Van der Berg states: “From a regulatory perspective a point-to-point network offers more possibilities for regulatory measures such as Local Loop Unbundling and Wholesale Broadband Access.” OECD (2008) Developments In Fibre Technologies And Investment DSTI/ICCP/CISP(2007)4/FINAL, 3 April at p28
Both he and Steve Robertson (CEO: Openreach) want “redefinition of universality” – to “reasonable speeds” – say 2Mbps. “The consumer will be confused if different content comes through a different speeds” – basis “all content on that ISP should be treated equally”
Mike Short (O2) refers to Korean IT 8-3-9 plan and international competitiveness. Broad discussion of ICT-RTD – much more i2010. Discusses “applications think-tank” – and Financial Services Authority role.
Dave Happy support “Pipe Dreams” 9 recommendations
Background paper by Foster, Robin (2007)
“digital and broadband open up the prospect of many new entrants into the media market, and remove the need for intermediation between producers and consumers” – but with 4 caveats:
“Some powerful bottlenecks will remain (even with broadband, there are still only a few alternative distribution platforms to use, and consumers face costs in switching between them);
The rationale for vertical integration that exists today will remain – securing access to content, ensuring that content can get to the consumer, reducing transaction costs, effective planning etc;
Costs of marketing and packaging content (and the risks involved) are likely to rise, putting a premium on scale and access to funding;
Synergies from exploiting content and resources across media will drive companies to operate in related horizontal markets.”
(7.4.23 at p82) Foster, Robin (2007) Future Broadcasting Regulation - An independent report by Robin Foster commissioned by the Department for Culture, Media and Sport, January, at www.culture.gov.uk
It contains some assumptions: “Broadband might only be used where the extra functionality is sufficiently valued by consumers to cover the extra delivery costs involved;” (at 7.2. 21).
Van der Berg states: “From a regulatory perspective a point-to-point network offers more possibilities for regulatory measures such as Local Loop Unbundling and Wholesale Broadband Access.” OECD (2008) Developments In Fibre Technologies And Investment DSTI/ICCP/CISP(2007)4/FINAL, 3 April at p28
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