Over at TechLiberation, Tim Lee has a great
post that addresses a big question that’s on my mind in the network
neutrality debate: just how, exactly, do proponents of net neutrality
regulation think things will play out without regulation? What are their specific fears? We hear a lot of generalized predictions
about what the big bad ISPs will do, but we just don’t get much detail, apart
from the ridiculously implausible claims of the folks at Gun Owners of America,
who seem to think that Verizon is just itching for the opportunity to detect
and block every packet of data it carries that mentions the Second
Amendment.
The big general fears are that ISPs will block or degrade
data that competes with their own services, block or degrade data they find objectionable, or force their own
favored content onto your screen. For
some really basic economic reasons, the second and third fears are unfounded.
(Tim’s post focuses on ISPs forcing favored content, with a link to his
previous writings on the implausibility of blocking or degrading content). And for political reasons, the first fear is
also pretty groundless—anti-competitive behavior by ISPs is already subject to
FCC intervention.
One fear, however, didn’t make Tim’s list; it’s the fear
that the ISPs will do exactly what we think they’ll do, which is to introduce
tiered pricing for content delivery.
Some NN-regulation supporters champion the doctrine of “equal
prices for equal bits;” The cost of
transmitting any two packets of similar content should be equal, though various
prices can exist for various kinds of content; YouTube shouldn’t be allowed to
pay for faster delivery than anyone else in the video market, but video
transmitters might need to pay more than text transmitters. Hardliners say that all bits should be treated
equally, even if they aren’t; content discrimination should be illegal and delivery
should be totally unpriced. The EPEBers are saying that Borders shouldn’t be
allowed to ship via FedEx while Barnes and Noble ships USPS. The Hardliners are saying that shipping the collected works of
Danielle Steel should cost the same as shipping a gift card.
Both are essentially arguing that competition is one
dimensional: it is singularly about the quality of the product. But in reality, competition is
multi-dimensional; in the case of vendors who sell identical books, the only
way to compete is in non-quality factors like convenience and customer service.
You can pay one store $8 for a copy of Ms. Steel’s Jewels shipped in a
week, another store $11 for a copy
shipped in three days, or a third store $14 copy guaranteed to arrive tomorrow. Value for the money spent is at the root of
competition, not quality or price alone.
Suppose some new tech-tinkering über-geeks come up with a
search engine even better than Google. Because
they lack brand recognition, they need to keep expenses at a minimum while word
of mouth slowly spreads about their better quality. In net neutrality America, they cannot keep
expenses down by opting for lower quality delivery than that offered by Google.
Delivery speed is not a viable option for competition; everyone has to ship at
the $11 rate. Now imagine that one of
the über-geeks is a trust fund baby. He’s so sure that his product is superior, he invests his trust fund in Über-geeks, Inc. so they can buy higher speed
delivery than Google offers, thus giving Google a serious competitive run for
its money. Sadly this too is not an
option in net neutrality land.
Prices and price flexibility are essential to
competition. The fear that content
competition will suffer without regulation is absurd on its face. Indeed, net neutrality regulation will rob
new innovators and content creators of the very tools that would make challenging
already established businesses possible. It’s little wonder then that the already established businesses—like
Amazon, E-bay, and Google, to name a few—are fighting for net neutrality tooth
and nail.
--Brooke Oberwetter