[1695] in Commercialization & Privatization of the Internet

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An Open Letter from the Frontier

daemon@ATHENA.MIT.EDU (Mitch Kapor)
Wed Dec 11 10:58:49 1991

To: members@farnet.org, regional-techs@merit.edu, com-priv@psi.com,
From: Mitch Kapor <mkapor@eff.org>, Dave Farber <farber@central.cis.upenn.edu>
Date: Wed, 11 Dec 91 10:57:06 EST

Merit, NSF, and ANS have recently announced tighter  restrictions
on  commercial  traffic flowing across the backbone.  Steve Wolff
of NSF posted a clarification yesterday citing  the  reasons  for
this move.

This has set off a  flurry of responses, some of  which  question
whether it is really meaningful to distinguish between "research"
and "commercial"  traffic,  others  of  which  begin  to  propose
technically elaborate schemes to embody finer distinctions. Steve
agrees the model of segregating  traffic  by  network  number  is
seriously broken, but that he's forced to use it by virtue of the
obligations upon federal employees in the disbursement of federal
support.

The evolution of a strong networking infrastructure is  essential
to the health of R&D in this nation. Competition has shown itself
to be  an  effective  vehicle  for  creating  the  best  for  the
consumers as well as providing jobs and trade. We believe that no
further progress in networking infrastructure is possible without
insuring the creation of a level competitive playing field.

The  situation which will result from the latest mandates creates
a  market  that  is fundamentally unfair in that it will tilt the
competitive playing field  too  strongly  toward  one  player  --
ANS.   Since  regional  networks are  physically connected to the
ANS backbone, they will be forced to  execute  an  ANS  agreement
inorder  to  receive  any  commercial  traffic  whatsoever.  This
creates a unfair  marketing advantage   for  the  ANS  commercial
business  unit.  As  with any provider, ANS's commercial business
unit is a welcome competitor in the market --  however,  it  must
not  receive  an  unfair  competitive  advantage  owing  to ANS's
relationship with the NSF.

This advantage to ANS  will  have  been  accomplished  solely  by
virtue  of  the  exercise  of  intentional  or  unintentional NSF
policy.  No provider  -- ALTERNET, ANS, CERFnet, PSI, etc. should
be given such an advantage without public and open discussion and
competition.

We are looking for ways to ameliorate the situation.  We  do  not
think  that  charges and counterchargers however valid are in the
end  constructive.  We  are   looking   for   concrete   positive
suggestions,  either for a resolution process, or for elements of
an "level field" set of rules. We are  anxious  to  receive  such
suggestions by private mail or public posting.

Mitch Kapor (mkapor@eff.org) 
Electronic Frontier  Foundation  and CIX Board

and

Dave Farber (farber@cis.upenn.edu) 
University of Pennsylvania and EFF Board

Affiliations are given for identification. The view are those  of
the authors.

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