Categories
Business ofcom Regs voip

New EU rules on number porting has get out clause for fixed line providers

Ofcom is currently consulting on changes to EU law applicable to Communications Providers that in theory will force providers to port numbers within 24 hours of being asked.

Sounds great but fixed line providers have been chucked a get out clause that adds that a subscriber line has to be ‘ready for service’ before being appropriate to port.

This means business as usual for the likes of BT whose archaic manual porting system requires a complete overhaul anjd which often leaves business custoemrs in the lurch.

Coincidentally the Internet Telephony Service Providers’ Association, ITSPA has recently commissioned an independent report outlining the options for the UK Communications industry in respect of number porting. It isn’t just a technical issue. There are contractual bottlenecks as well with each CP having to independently negotiate separate porting contracts with every other CP.

I will share the output when I get is sometime in March. In the meantime Ofcom seems content to let sleeping dogs lie and accept that as long as the letter of the EU law is met, (but not the spirit) then that is all fine and handy. This might make Ofcom’s life easier but is a disservice to UK business that has to put up with lengthy delays with porting their telephone numbers.

Details of the Ofcom consultation, scheduled to last 6 weeks, are available here. Interestingly CPs are also required to offered disabled access to Emergency Services via sms text service. I will need to investigate this further but if applicable to ITSPS this is certainly something very new for them to get to grips with.

The new laws have to be in place by 25th May 2011.

Categories
Business piracy Regs surveillance & privacy

@edvaizey answers to @tom_watson questions – take note @Marthalanefox #DEAct #deappg

portcullisYou have to be particularly interested in a topic to read Hansard, the report of parliamentary proceedings. Twitter has made it a lot easier, albeit hit and miss – you typically have to catch the tweet in the stream as it happens.

This week Ed Vaizey gave some answers to questions put by ISPA Internet Hero Tom Watson MP. Specifically Mr Vaizey said that the impact assessment on the DEAct suggested that the additional costs that would have to be applied to consumers broadband lines would have a relatively small but permanent effect of reducing demand for broadband connection by between 10,000-40,000. All assuming that the ISPs would pass on the full costs to their customers.

There are a few observations to make here.

Firstly the obvious one is that this goes against another government policy of trying to promote digital inclusion. Might the government now want to subsidise 10,000 – 40,000 broadband connections to offset the fact that they will not now be able to afford broadband. I wonder whether Martha Lane Fox, the government’s own Digital Inclusion Champion has any comments to make here?

The second point concerns the numbers used in the Impact Assessment itself. There is very little confidence within the ISP industry that the government got this right.

The Impact Assessment assumes that the total annual cost to all ISPs is between £30m and £50m. TalkTalk and BT have been suggesting that the annualized costs to their companies along are considerably higher than the total assumed for the whole industry.

The Impact Assessment clearly needs reviewing. Broadband expansion has been largely down to big cost reductions by ISPs in a very competitive market place. There is a clear relationship between broadband penetration and cost of the service. It has long since got to the point where consumer ISPs especially have had to expand their value proposition away from pure internet access because in itself this service had become unprofitable.

It would not surprise me to see a new Impact Assessment based on real costs showing a massively higher number of people that would be excluded from the broadband market.
I guess we will have to wait until after the Judicial Review to see what happens. In the meantime, c’mon Martha get your boxing gloves on. There is a fight going on here.

Link to Hansard – includes some other DEAct related questions from Tom Watson.

Categories
End User net neutrality phones piracy

BBC iPlayer on iPad and Android – high quality – blessing or bandwidthbuster & what about the TV license? :)

iPlayer running on iPad and Adnroid HTC Desire HD

The twitterstream was full of references to the new iPlayer App for iPad and Android this morning so I naturally dived in and downloaded. I have to say the experience is top quality on both. The colours are great and the TV is very watchable on both size screens.

What really came into my mind though was not the fact that I now had a new app on my devices but the fact that this was yet another driver for bandwidth use and also the question of the TV license.

Cisco internet growth forecast

The chart on the right is Cisco’s growth forecast for internet bandwidth use – a 4x growth between 2009 and 2014. Much of this as you can see is driven by video. The Y axis legend is in ExaBytes/Month!

A one of the World’s best content provider the BBC really is one of the drivers of this (Ok YouTube et al are also contributors) and making iPlayer easier to access on more and more devices adds to the proliferation. Of course this also adds to the pressures on ISP networks and fuels the NetNeutrality debate butthat is not for this post. Grown up ISPs will manage their way through.

The debate about the TV License fee is however another issue. The BBC has said that it is not going after non license payers watching using iPlayer online:

“Well, the number of homes that currently have no television licence, but that do have broadband subscription is currently estimated to be infinitesimally small. The chances are if you want to watch BBC TV programmes via catch-up over the web, you are also watching some BBC programmes at other times, live or time-shifted, via a TV set, and will already have a TV licence. ”

This situation will possibly change quite quickly over the next few years.

You only need a license if you are watching live TV which the BBC is now promoting using the iPlayer App. My question is whether the BBC is able to identify online users? The chances are they will only have an IP address to go at which is going to raise the same issues as we currently see with the Digital Economy Act and the RightsHolder industries (of which the BBC is a member). Unless that is the BBC has some spyware embedded in its iPlayer App that somehow records data on who is using it – via  iTunes username perhaps?!

The other notweworthy point is that apps like this are also fuelling the demand for newer faster smart phones. The iPlayer App for Android needs a fast processor to run Flash. It will inevitably evolve towards more and more HD content which will use more and more bandwdth and need faster and faster processors etc etc etc.

We do live in interesting times. BBC statement on iPlayer here.  BBC position on TV License for online streaming here. Header photo (click to see more) is of iPlayer App running on both iPad and HTC Desire HD (Android).

More TV related stuff:

Sony 4K Ultra HD TV

TV detector vans – the truth

Boring TV & better things to do.

Categories
Business ofcom piracy surveillance & privacy

#ACSLaw court judgement #MediaCAT #DEAct #DEAPPG

ACSLaw

ACS Law hit notoriety for bullying broadband users into paying a fine in lieu of being taken to court for alleged “online copyright infringement”. Victims had no idea what their rights were and apparently frequently paid up rather than going through the expensive courts process.

It was reported yesterday that ACS Law had ceased trading – in order to avoid the potenial fines likely to arise out of the court action. Today they were apparently represented in court by a new barrister.

Reports from the court via twitter stream state:

  • ACS Law has not been allowed to discontinue 27 cases it tried to drop last month.
  • The judge today said letters to alleged filesharers “materially overstates the untested merits” of proving MediaCAT copyright infringement.
  • Also Judge: “Media CAT and #ACSLaw have very real interest in avoiding public scrutiny ” because of revenue from from “wholesale letter writing”
Categories
Business Cloud gaming online safety Regs

Today is Safer Internet Day #MMORPG #UKCCIS

Safer Internet Day

Today is Safer Internet Day. This year’s topic is ”It’s more than a game, it’s your life” and the aim of the initiative is to promote safer and more responsible use of online technology and mobile phones, especially amongst children. The website reports some interesting statistics:

  • Gamers spend on average 8 hours weekly playing online.
  • Young people sleep 2 to 3 hours less per night than 10 years ago.
  • In January 2010, 18 million accounts were registered on Second Life.
  • Facebook reports more than 500 million active users.
  • Users spend 700 billion minutes on Facebook each month.
  • 13 million players of World of Warcraft (WoW), the world’s largest MMORPG (Massively Multiplayer Online Role-Playing Game).
  • MMORPGs generated $1.5 billion in subscription revenues worldwide in 2008, forecast to reach $2.5 billion by 2012.
  • Up to 250,000 players are simultaneously online on WoW.
  • Transactions and sales of virtual goods in virtual worlds were estimated at $18 billion in 2009.

Its is amazing but I can identify with many of these bullet points. My kids spend far more than 8 hours online playing MMORPGs (it is a truly great acronym). All my kids are on Facebook even though two of them are below the recommended age limit. I vet their friends lists and have the logon details of the youngest who is not allowed to post photos. All his spare cash goes on online games – and we are talking £40 a pop here which is truly irritating as a parent (thats about fifteen pints of beer in real money! 🙂 ).

Parents need to jointly develop a survival strategy here. It only takes one to let the side down and let their kids have free rein to spoil it for the lot of us.

Note in connection with Safer Internet Day, Eurostat, the statistical office of the European Union, published the results of two complementary surveys that indicate that only 21% of UK individuals who live in a household with dependent children use parental control filtering software. This is higher than the EU average of 14% but considerable lower than the results of the EU Kids Online survey that was published a couple of weeks ago and reported that 54% of UK parents (28% across the EU) use parental controls or other means of blocking or filtering some types of websites.

The UK Council for Child Internet Safety (UKCCIS) has published a “Good practice guidance for the moderation of interactive services for children” which you might want to take a look at.

Publicising Safer Internet Use is very important and I suggest more needs to be done to educate parents on what they might be able to do to help themselves. This is particularly important in the light of the fact that politicians are constantly trying to take control of the internet “for our own good“.

PS one fact that coaught my attention in the EU report was that in the EU2 in 2010, almost one third of individuals (31%) who used the internet in the 12 months prior to the survey reported that they caught a virus or other computer infection resulting in loss of information or time during this period.

PPS thanks to ISPA for drawing my attention to these data.

And finally – I have to say were are entering a truly great era for acronyms – MMORPG!!!!!

Categories
Apps End User Regs security surveillance & privacy

how to get round your school’s web filter #deappg #DEAct

Somewhat a contentious title for a post? Provocative? It is topical though with all the discussion in the media regarding the government’s review on whether web blocking really works or is cost effective (re Digital Economy Act), and also MP Claire Perry calling on ISPs to implement filtering to stop kids reaching online porn.

I just did a Goole search on “bypassing school proxy”. It came up with 847,000 results including a link to “answers.yahoo.com”. I followed one of the links and found a ton of advice on how to get around a school’s filter system. These ad-funded sites are very youth orientated. One of the posts had 198 discussion comments!

My(oft repeated)  point is that blocking ain’t going to work and anyone that naively thinks that most kids will not know how to go about circumventing a block on websites, whatever their flavour, needs to spend some time in a playground.

PS the answers.yahoo.com discussion had been deleted but most of these sites do not have the integrity or the corporate image to uphold. All most of the 847,000 sites (pages) are interested in is your money.

DEAct

Categories
Business online safety piracy Regs surveillance & privacy

Swedish ISP Bahnhof provides anonymity to customers by default – #deappg #deact #Wikileaks

Swedish ISP, Banhof, is offering a service that provides its customers with total anonymity on the internet.

We have the privilege to be able to offer a solution for those who want to remain anonymous on the net. When you go online with our partner, all traffic to and from the Internet to go through their servers through an encrypted “tunnel”, which means that nobody can see what you are doing.

Bahnhof, which apparently now hosts the Wikileaks website, does not keep logs of customer activites and would not be able to provide this information to anyone requesting it for the purposes of litigation (*eg Rights Holders in pursuit of copyright infringers – a hot topic at the moment with regard to the Digital Economy Act).

This raises quite an interesting point.

Categories
Business ofcom Regs

Ofcom hits BT Wholesale in the rurals #DEAPPG #FinalThirdFirst

Ofcom yesterday proposed significant reductions in the prices that BT Wholesale can charge internet service providers (ISPs) in parts of the country where it is the sole provider of wholesale broadband services – mainly in rural areas.

The proposed price reductions are between 10.75% and 14.75% below inflation.

As an ISP and BT Wholesale customer I say good oh! I’m not quite sure that it will achieve the effect Ofcom think it will achieve though. Yes we might find retail ISPs lowering their prices marginally for customers in these areas. Consumer ISPs already charge rock bottom prices so a cut of 15% off a low number won’t make much difference.

Also ISPs buy bulk backhaul bandwidth from BTW. This is not specific to particular exchanges or locales. For example Timico’s bandwidth comes into two docklands locations from all our customers all over the country. We would not be able to say “this customer gets more bandwidth because he is one of the lucky ones living in an area with reduced costs.

A big chunk of the cost is in the bandwidth used so whilst a reduction in line rental is good a reduction in bandwidth costs would be better. We may find that competition does drive down the cost to the end user a little in these cost reduced areas but there is also a fair chance that ISPs will just pocket the additional margin thanks very much and maintain homogenous pricing policy across the whole country. More packages means more complexity and ultimately more cost.

This many not necessarily be a company line here but it’s what I think will be the overall outcome. I might be completely wrong.

Categories
Business piracy Regs

Scarlet, SABAM and the proportionality or otherwise of website blocking #DEAPPG

Some of you will have been following the progress of the Scarlet/Sabam case that is currently being dealt with by the European Court of Justice (ECJ). Scarlet, a Belgian ISP (now owned by Belgacom but a small independent at the time the case was started in 2007) was ordered by a national court to implement technical measures to block all P2P traffic that infringes rights held by the Belgian Society of Authors, Composers and Publishers (SABAM).

The court’s decision was subsequently referred to the ECJ who has to clarify whether the requirement to implement traffic-filtering mechanisms is consistent with EU legislation and whether a proportionality test has to be applied if this is the case.

Following upon the submission of written evidence to the court, the ECJ held a hearing on Thursday 13 January that included representations from the European Commission and Member States. The judge will deliver his opinion on 14th April

The outcome of this case will potentially have great bearing on a number of regulatory themes currently trending in the UK – not least being the Digital Economy Act and the recent discussions on porn blocking.

We do need to note that the report was produced by EuroISPA and should therefore be careful in reading into it any assessment as to the likely outcome of the hearing. It looks ok to me 🙂 .

In a nutshell ISPs and a number of EU states considered the technical blocking order to be disproportionate. The report also suggests that in the light of strong arguments to the contrary the judge did not appear to be convinced in respect of filtering measures believed by SABAM to be technically possible.

The report:

Categories
Business Regs surveillance & privacy

Flashback to 211210 – Trefor Davies Discusses Porn Blocking with BBC Lincolnshire’s William Wright

Flashback to the week before Christmas where Trefor Davies discusses the issues surrounding blocking porn sites on the internet with BBC Lincolnshire’s William Wright.

Categories
Business net neutrality ofcom Regs

BT Wholesale Content Connect – Net Neutrality or Competition Law issue? #DEAPPG #NetNeutrality

Yesterday’s BT announcement regarding Wholesale Content Connect, the Content Delivery product caused some consternation amongst the NetNeutrality fraternity. The fuss is that this product potentially allows ISPs to sell guaranteed delivery of content (mainly video) to online Content Providers (CP) eg YouTube et al.

I would be surprised if this product takes off.

Firstly it would have to be cheaper than what an ISP is currently paying BT for bandwidth otherwise it would be cheaper for the ISP to just buy more bandwidth to accommodate the video. I am waiting for info on the pricing but my gut feel tells me it will be more expensive – BT’s selling point is quality here.

Secondly I haven’t seen a problem where video quality sucks other than on low bandwidth connections and this product would not fix that (silk purse/sow’s ear). Admittedly my own experience is of business broadband rather than consumer but I suspect the point remains. This position could well change of course as more and more people watch video online.

BT Wholesale Content Connect (WCC) is a product that inserts the “paid for” content into the network near to the end user, avoiding the ISPs own backhaul connection. There are three levels – basic, standard and premium. Only basic has been launched.

Basic does use the ISPs own backhaul as opposed to inserting the content after this point. Standard and premium will be available to the few ISPs that use PTA to connect to the network (as opposed to L2TP – sorry for the acronyms) and operate their own backhaul as opposed to BTW’s shared WBMC service.

This might make sense commercially as I can’t see a CP striking agreements with hundreds of ISPs for what might be a very low number of video streams. An aggregator might – is BT going up against the likes of Akamai and Limelight – global players? In which case I still need to understand the benefit to the ISP? I guess where I am coming to is that I can’t see CPs today doing a deal with anyone here. This might change if people are willing to pay more for premium content – eg HD or 3D HD.

The other point is that there are already Content Delivery Networks out there so this is just another one. Existing CDNs inject content into an ISP’s core network as a cheaper way for both the ISP and content providers of delivering the content than via internet transit. BT and their ISP partners will have to sell BTWCC as a better overall deal but I can’t see content providers paying for bandwidth that is currently paid for by the ISP. Moreover CDNs operate internationally and not just in a single country! Why would a Content Provider want to deal with a CDN that only operated in the UK?

Now correct me if I’m wrong but I think that there is only one ISP in the UK that uses PTA – BT Retail (BTR) or two if you want to include BT Plus Net. There are technical reasons why ISPs don’t use PTA, not the least of which is that it doesn’t currently support IPv6 or L2TP forwarding.

In the absence of there being an obvious business model for the ISP what other motives might there be for the launch of the WCC product? It could be that BT is lining up BT Retail to offer a product that is unavailable to the rest of the market even though to Ofcom’s eyes it is being made available as a product through BTW. This might offer BTR a competitive advantage over other major consumer ISPs in being able to provide a guaranteed video product.

From a cost perspective it wouldn’t matter how much BTW charged BTR for this because it would all be recovered at the group level. I’m not saying that this is the motive but it could be one.

Coming back to the opening paragraph there is a scenario that this isn’t a NetNeutrality issue at all but a UK competition law issue. Time will tell – a real business model might appear.

I would say that from a Net Neutrality perspective this is all a fuss over nothing and the advice to politicians is still to sit on the fence. Ofcom might want to consider taking a microscope to the product though, just to be on the safe side. It certainly could add to the argument in favour of breaking up BT into its components. As far as ISPs go those of us who aren’t consumer players aren’t yet involved in the debate. As far as BT goes its cards are currently right up against its chest so who knows whether WCC, as advertised, is a good business or not.

Link to BT video http://www.contentconnect.bt.com/

Sorry about all the acronyms. If they mean nothing to you I would just brush over them and go for the general gist.

Categories
Business Regs surveillance & privacy

Review of 2010 #DEAct #bandwidth, #mobile #wifi #deappg

Wow what happened to 2010? As the years go by they seem to go more quickly. The faster they go the more I try to cram into them which makes them go even faster! You have to do it -we’ll be a long time pushing up daisies!

With so much happening it is difficult to pick out the wood from the trees (I can see this post is going to be riddled with clichés). In fact as CTO of an ISP I am having to be more and more of a generalist because our world is now filled with so many rapidly changing issues and technologies that trying to keep up with developments is a full time job.

Keep it simple stupid

So really I have to keep it simple and stick to big messages. This is something I learnt during the year in my involvement with UK internet politics.

Categories
Business net neutrality Regs

FCC ruling on NetNeutrality has lessons for UK – a consumer,content provider and network operator perspective #deappg #netneutrality

One of the things that makes working at an ISP stimulating is the wonderful complexity of the engine that keeps the internet running. This complexity is very well mirrored in the debate surrounding NetNeutrality.

I’m a bit of a mixed up kid when it comes to NetNeutrality. I am at once a consumer, a content provider (this blog plus my non-work website) and a network operator.

Yesterday in the USA the FCC published a set of rules on the subject. A great deal has already been said on the pronouncement, which was based on a 3-2 majority ruling by the committee. I’m not normally big on discussing things going on in the USA but this one is worth a mention.

Here are the basic elements of the ruling:

Rule 1: Transparency
A person engaged in the provision of broadband Internet access service shall publicly disclose accurate information regarding the network management practices, performance, and commercial terms of its broadband Internet access services sufficient for consumers to make informed choices regarding use of such services and for content, application, service, and device providers to develop, market, and maintain Internet offerings.

None of my personas have a problem with this.

Categories
Business net neutrality Regs

Comcast Level 3 Netflix dispute update – calls made on US Government to regulate peering #deappg

Last week I posted on the Level3 Comcast Netflix dispute.  This is  where, despite an existing peering arrangement, cable operator Comcast wants to charge Level 3 for carrying Netflix traffic over its network to Comcast customers (hope you followed that one).

Calls have now been made by New America Foundation, Media Access Project and Free Press for the US Authorities to investigate this deal and to consider taking a regulatory position in respect of how such network deals are constructed.

The developing issue is that Comcast, with it’s 16 million cable customers is also a provider of content and that it has notionally been losing customers to alt content provider Netflix. By charging Level 3 additional costs for providing cable customers with access to Netflix content the assertion is that Comcast is potentially harming the market and breaking (unwritten)  net neutrality rules.

I’m not commenting here – just reporting.  Comcast is pointing to significant cost increases associated with carrying Netflix traffic. This is is going to be an interesting one to follow and the ultimate outcome could well represent a significant milestone in the history of the internet.

Categories
Business Cloud internet piracy Regs security

The Futility of Blocking Websites #deappg #wikileaks #censor

Mirrors, and the sheer hopelessness today of blocking websites.

A retweet by Guardian Technology Editor Charles Arthur caught my attention this morning:

RT @AustinHeap “#Wikileaks is averaging 13.9 new mirror sites per hour, or one new mirror every 4′ #censor” So that shutdown went well, eh?

Unless you have no access to media, and in which case you won’t be reading this post, you will have noticed the ongoing wikileaks furore. This is not a post about that subject. Wikileaks’ website is, however, coming under heavy Denial Of Service attack by persons unknown, and the response of its wide community of supporters is to mirror the site to provide alternative access to the content. According to the Wikileaks mirrors website (also blocked but available via IP address) as of 21.55 GMT last night there were 1005 such mirrors.

This does two things. Firstly it shows the futility of trying to block websites (prevention of inadvertent access aka IWF excepted). Secondly it shows the resilience of the internet, a network designed by the US Government to survive nuclear attack. Whilst the source of the DoS attack is probably a matter of conjecture, for those persons who question of the US Government’s approach to law and order it is somewhat ironic that it is this very built resilience is preventing the site from being taken down, or at least keeping the information live.

There are lessons here when we start to consider whether blocking should be applied in other areas such as sites promoting copyright infringement…

Categories
Business Cloud internet net neutrality Regs

Netflix, Comcast, Level 3 and Net Neutrality #deappg @edvaizey

The Net Neutrality debate in full swing: Comcast wants to charge Level 3 for the delivery of the Netflix content over its network because such content represents a disproportionately high amount of traffic. What gives?

There’s a very interesting row going on over the pond concerning who pays for network access that has a useful contribution to the Net Neutrality debate in the UK. I am a late arrival here but it is certainly worth recording.

In a nutshell US video streaming provider Netflix recently awarded its content delivery contract to global network operator Level 3. A great many of Netflix customers use Comcast as their ISP. Comcast and Level 3 have a peering agreement whereby they carry each other’s traffic free of charge.

Comcast now wants to charge Level 3 for the delivery of the content over its network because Netflix represents a disproportionately high amount of traffic.

Level 3 is trying to get the US Authorities involved with a Net Neutrality angle. Comcast does have a fair point to make because the Level3/Netflix traffic amounts to 27 x 10Gbit network ports – 2 times its existing traffic levels and 5 x the level of traffic that Comcast sends to Level 3.

This is a beauty and mirrors public conversations going on in the UK including Ed Vaizey’s recent announcement that ISPs should be left to sort out their own commercial arrangements for content delivery – an announcement that subsequently with retrospective caveats (clarifications?!) by the Minister.

I’m not going to provide any links to other sources here – a Google search for “netflix level 3” yields 585,000 results. This could provide us with a precedent that will influence other commercial discussions and, no doubt public debate in the UK.

Categories
Business Regs surveillance & privacy

Culture, Media and Sport Select Committee Inquiry into Intellectual Property Rights delayed #deappg #deact

Last month the Culture, Media and Sport Select Committee kicked off an Inquiry into Intellectual Property Rights. The Committee was particularly interested in discussing the implementation and effects of the Digital Economy Act (DEA). The Inquiry was intended to look at

  • Whether the new framework has captured the right balance between supporting creative work online and the rights of subscribers and ISPs.
  • Whether the notification process is fair and proportionate.
  • The extent to which the associated costs might hinder the operation of the Act.
  • At what point, if at all, consideration should be given to introducing the additional technical measures allowed for under the Act.
  • Intellectual Property and barriers to new internet-based business models, including information access, the costs of obtaining permissions from existing rights-holders, and “fair use.”

The deadline for responses was Wednesday, January 5.  DCMS has today announced that it will not hold any evidence sessions in public until judicial review proceedings surrounding the DEA are concluded (March-April 2011). The Committee has also extended the deadline for the submission of written evidence to 23 March 2011.

I does sound as if we are not going to hear back from this Inquiry until MPs go on their summer holidays (2011). If BT and Talk Talk are successful with their Judicial Review then at least this Inquiry would be a good preparation for a DEAct 2.0.

Categories
broadband Business ofcom Regs

Pros and Cons of @Jeremy_Hunt Superfast Broadband Strategy Document #digitalbritain

DCMS Minister Jeremy Hunt has finally announced the government strategy for providing “superfast broadband” to the final third. I’ve read the speech, the press release and the 64 page strategy document and this is my interpretation of where it is all at.

The government has the laudable aim for the UK of having “the best superfast broadband network in Europe by 2015. Moreover gov is not letting the grass grow under its feet. We have already seen work progressing on the 4 Big Society projects (initially three but apparently none included BT so a fourth was added).

Another positive is that the Universal Service Commitment of 2Megs is being rolled into the “superfast” activity. The investment in an infrastructure to just provide 2 Megs is a waste of money.

The announcement talks of a ‘digital hub’ in every community by the end of this Parliament. This is great. You do however have to read between the lines to see what is going on.
The idea of a hub stems from the concept of the Digital Village Pump as is now installed in Ashby de la Launde and is being looked at for the Cumbrian Big Society project. This concept brings a high speed fibre connection into a community and allows for that connection to be used to connect to a variety of means of terminating to local end users.

There are however some worrying indicators. In today’s announcement there are constant references to BT together with “cabinets” and “fibre connectivity to the nearest exchange”. DCMS has also now confirmed that in saying digital hub they do indeed mean FTTC. BT has said that it intends to tender for each project covered by the £830m of funding made available for this activity and that it will match any government funding. On the face of it this might not sound like a bad thing. BT has said that such an arrangement would allow it to extend superfast broadband reach to 90% or more of the population.

The real issue is something that Jeremy Hunt alluded to unwittingly in his speech in saying

  • “…unless you take extraordinary risks, you won’t survive in the digital world. I want our broadband infrastructure to make it possible for our entrepreneurs and investors to take those risks.”

It would appear that the government is taking a safe, non-risk based option here. The signs are that it is lining up BT to provide the digital hubs into these communities. Superfast broadband to 90% of the population would get the UK a long way towards Jeremy Hunt’s stated objective.

So is this a bad thing we have to ask ourselves? The problem is that BT is not a company that is going to take risks. BT is also too big to be able to innovate. Everything BT does has to scale, which is one of the reasons that the government will inevitably want to partner with it. In this case however scale = inflexibility and lack of innovation.

If, as reading between the lines suggests, we are going to see FTTC as the solution for the final third this has the following issues:

  • Once FTTC is in that is it. The end user will be stuck with a copper based solution for a long time to come. BT has said that it won’t be upgrading users to FTTP if they already have FTTC. Note that the residents of Ashby de la Launde already enjoy 100Mbps symmetrical FTTP with an upgrade path if necessary. My own view is that 100Mbps symmetrical is the minimum standard we should be aiming for. This is supposed to be a long term investment.
  • BT does not currently allow competitors access to its cabinets to connect their own services. This will prevent innovative communities and service providers from providing cost effective solutions to that last 10% that still wouldn’t be getting FTTC. BT’s preferred solution for this 10% is a copper based BET technology that facilitates the government’s 2Meg USC.
  • Even if competitors were allowed cabinet access, the backhaul for FTTC is expensive – on a wholesale basis up to 3 x the cost per Megabit as putting in your own fibre backhaul.
  • The government would effectively be extending to BT a monopoly status in these areas – something that successive governments have been working hard to erode – to the great benefit of UK plc it might be added.

It seems fairly clear to me that BT will probably win the majority of tenders. For one thing today’s strategy document effectively hands it to them because the government has said that it does not see any reason to change the way fibre rates are calculated.

  • “First, that the decisions of the Valuation Office Agency are made independently of ministers. It is not our role to decide who is liable for what under the business rates regime. Second, that the existing rates regime has been tested in court numerous times and no ruling has required any change to the regime. Third, that while in general we favour a low tax environment for new investment; it is right that non-domestic property should continue to be taxed to provide the essential public services we all rely on.”

This means that only BT is likely to be able to submit a competitive bid – all other network operators will be required to pay rates on their connectivity.

There are also other issues that weigh the scales in BT’s favour. Third party access to BTs poles and ducts has been mandated by Ofcom and we await a proposal from BT in January telling us how they are going to do this. BT’s most recent offer to NextGenUs (Ashby’s network operator) required them to use BT engineers (and consequential high labour rates & uncertain availability ) to do all the work. NextGenUs were also being quoted 21 days repair time for any problems. This is not a viable business situation. They would almost certainly repair their own problems within hours. It is very important that Ofcom negotiates hard with BT re this. Ofcom’s reputation in the industry for being another department of BT does not augur well.

If, as it appears, that BT is being lined up to take most of the cash available for NGA I can understand why the government is taking this approach. Let us not however delude ourselves into thinking that this is the best long term strategy for UK plc. This strategy is not an example of innovation and risk taking. It is anti competitive and is likely to be a step backwards from the progress of recent years. FTTP and true open access are the only sensible long term solutions.

Categories
Business ofcom piracy Regs surveillance & privacy

#DEAct event at House of Commons #deappg

I attended the DEAct workshop at the House of Commons on Tuesday afternoon.  Held in the Jubilee room off the Great  Hall of Westminster, this put together once more rights holders and everyone else in a session that had been organised by Eric Joyce MP in order to be able to put together a summary of the two positions for MPs to take away with them over the holidays.

There is an immediately an observation here in saying “rights holders and everyone else”. It is more than just the ISP community that is objecting to the Digital Economy Act. Consumer and human rights groups are also also in opposition to the Act.

In a sense this meeting was just a rehash of all that has been said before. It was held, however, because with the ongoing Judicial Review and the Parliamentary inquiry (that should have been held before the Act was passed) do present real opportunities to make changes.

The two positions can be summarised quite easily:

  1. Rights Holders are appealing for fairness in that unlawful copyright infringement is taking away revenues and is effectivley stealing – they equate copying a file to taking a CD from a store without paying.  Whilst there are philosophical arguments around this most people agree with them and sympathise.
  2. RHs see the implementation of the (delayed and as yet unpublished) Ofcom  Code of Practice as a means to give the population a wake up call – a jolt to remind them that it is “wrong to steal” and point them in the direction  of legal means of acquiring the copyrighted material.

Those opposed to the Act say:

  1. The process defined in the Act is fundamentally flawed in that it assumes that the broadband account holder is responsible for the copyright infringement – something that would be very difficult to get past a court of law
  2. Those accused of infringing are being asked to prove their innocence which goes against all our democratic principles of fair play – the Code also does not allow for an appeal until too far into the process and then not before a judge

There are many other issues such as who pays and the practicalities of disconnection and website filtering as technical measures but in a sense these are almost side plays to the fairness and human rights aspects.

The reality here is that someone is going to be hurt whatever happens and the judgement that must be made relates to the fairness of who gets hurt.  Is it fair to open up Mrs Abercrombie next door to the possibilites of fundamental injustices versus is it fair to let the rights holders industries suffer and decline.

The fact is that Mrs Abercrombie will get hurt. There is also a very real scenario where the country will go to all the efforts prescribed by the Digital Economy Act and also incur the huge costs with a result that will have zero impact on levels of online copyright infringement. This Act is all about stick and no carrot.

What is certainly clear is that with the evolution of the internet and the world wibe web the world society is going through a huge change. Much of this is for the better but as in all situations of change it is not to everyone’s liking.  When Hargreaves invented the Spinning Jenny it put many home weavers out of business but did not kill off the weaving industry. It just changed it. Like my analogy or not this is where the creative industries are at now. The biggest problem for them I fear is that it is not obvious how their business model is going to evolve.

In carrying out their inquiry into the DEAct the government should not only recognise this but also that sticks don’t work and they should concentrate more on the carrots.

PS as a postscript I am given to believe that the issue of public intermediaries (ie libraries, universities etc) caught under the act is going to be treated sympathetically. It would be very bad press for this not to be the case at a time of cost cutting. It unfortunately potentially also open up big holes in the effectiveness of the Act. We can only wait and see here.

Categories
End User net neutrality online safety Regs

MP Claire Perry calls for opt in system to regulate child access to internet porn @claire4devizes

The protection of children whilst using the internet is a highly emotive subject. There can be few who think it a bad idea. I have 4 kids who are heavy internet users. I don’t want them to come to any harm.

New MP for Devizes, Claire Perry, last week called for a change in regulations to require all UK-based Internet Service Providers to restrict universal access to pornographic content by implementing an opt-in system that requires verification that a user is over 18 for access to such material.

From a philosophical standpoint the fundamental principles of what Claire Perry wants are 90% ok – the 10% that are not ok being the right to privacy of people who might want to legally surf online porn but are not inclined to want to reveal their identity in order to do so. The problems come from the practicality of what is being asked for.

Website filtering is governed typically by the inclusion of a blacklist somewhere in the ISP network. User requests to access websites are compared with the blacklist and if the site is proscribed then access is denied. In the same way if an opt in is required it would happen at this stage. Parental controls usually involve a password being used to allow or deny the access.

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Business dns Regs scams security

Nominet and the pseudo-judicial roles of ISPs

I met with the Police Central eCrime Unit last year as part on an ISPA group that wanted to understand the issues that police have in fighting internet related crime and to see whether there is anything that we could do to help.

The police’s biggest problem is the speed that things can happen at over the internet versus the amount of time it takes the judicial system to crank their mechanical organisational cogs. PCEU staff can, for example, be following a suspect criminal, either physically or electronically, and sometimes have very little time to pounce. A gang might be planning a fraud using online resources – facebook pages, gmail, skype etc. Access via a service provider to look at these resources takes a court order (RIPA) which takes time to organise and by the time it has been effected the crooks are often long gone.

If the police did not require judicial consent to access these data then the whole process could be speeded up and more criminals prevented from harming us. The problem is that even if it was clear to everyone concerned that providing the police with what they ask for was the right thing to do the act of doing so puts the ISP in breach of data protection laws. If the suspect criminal happens to be innocent (or otherwise) this potentially leaves the ISP open to legal action. We can’t have ISPs being asked to perform the role of the judiciary because they don’t have the same legal protection or training.

Now enter Nominet stage right. I have coincidentally just written about Nominet after attending the .uk registrar’s recent 25th birthday party. Nominet is proposing to change its

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Business events surveillance & privacy

Sponsorship from BT Genband Timico and Thinkbroadband for trefor.net Christmas bash

I am happy to announce that BT, Genband, Timico and Thinkbroadband have stepped forward with sponsorship for first annual trefor.net Christmas tweetup.

The party starts at 1pm on Friday 17th December in the platform bar of the Betjeman Arms in St Pancras Station. Get there early to avoid the crush – thanks to our sponsors the bar will now be free until the money runs out.

The guests already signed up come from a wide range of communities of interest including internet engineering, VoIP equipment, Parliament, DEAct, rural broadband, ISPs ITSPs, regulatory specialists, embedded software developers, oil and IT industry executives,consultants and the media.

If you haven’t already done so please sign up here

Some people who have expressed an interest in coming but unable to make this one have asked when the next one is going to be?  The end of the IPv4 address pool or  “Apocalypse IPv4”  party is already in planning for the Feb/March timeframe. The date for this one is TBC pending the exhaustion of the IANA address pool and will be the subject of a further announcement.

Expressions of interest from potential sponsors for the Apocalypse IPv4 event are now being taken. This should be of interest to carriers, equipment vendors and anyone else in the IPv6 space.

Categories
Business Cloud net neutrality ofcom Regs

Net Neutrality: An ISP View

Net Neutrality and whether the government should regulate ISPs to guarantee an open and fair internet for all has become a trending topic. As an ISP my natural inclination is to say that there should be no regulation. A government’s job is to regulate only where necessary. ISPs are easy targets because the whole world is moving its operations online and ISPs are the conduit to that world. We are constantly warding off regulation.

Ofcom has said that there is not enough evidence for them to come up with any proposals for regulation in this space.

At the same time ISPs, in particular mobile ISPs have said that in order to be able to invest in the growth of their network infrastructure they need to be able to charge premium rates for premium services. The nature of these services has yet to be determined, at least publicly. Mobile network operators are expecting a hundred fold increase in bandwidth demand over the next three years and in their minds they need somehow to be able to pay for this capacity. O2 has been very vocal about this.

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Apps Business net neutrality piracy Regs

ISPA Conference coming up on Wednesday 1st December

It’s one of the busiest times of year for people in the internet game. Customers you put on now have the greatest effect on next year’s bottom line because they will be with you for the full 12 months.

It has also never been a busier time to be in this industry. What with the world of technology moving into the clouds and blind political wizards waving dangerous wands from ivory towers high above those same clouds.

2011 promises to be a watershed for ISPs. We should find out whether we really will be saddled with the Digital Economy Act and other leaden weights such as the Intercept Modernisation Program (Big Brother is watching you). New business models will have to come to the fore – potentially the only way to get “superfast “ broadband to the “Final Third”. Net neutrality will become a hot topic for discussion as carriers try and find ways of keeping afloat amid the wave of content flooding homes and businesses around the land.

This almost feels like an end of year speech but it isn’t. It is an advert for the Annual ISPA Conference. If you are in a line of business associated with the internet this is one worth taking the time out to attend. It is a meeting point for everyone in the business and very definately worth coming.

Check out the details here.

Categories
Business ofcom Regs surveillance & privacy

#deact initial obligations code due tomorrow or next week

I’m told (the ISPA council meeting) that we can now expect the DEAct initial obligations code either tomorrow or next week. It was originally due in July. 

Not sure how engaged Ofcom will be between now and April when it is due to be implemented because the outcome of the BT/TalkTalk Judicial Review & DCMS inquiry could render the code meaningless.

I guess we may find out more from the DEAct event at the house of commons on Tuesday 30th November

Categories
Business ofcom piracy Regs surveillance & privacy

#DEAct costs will run into £hundreds of millions – is this a good investment?

Last night I participated in a meeting at the British Library chaired by Eric Joyce MP  discussing the effect of the Digital Economy Act on Public Intermediaries, ie libraries, educational establishments, local authorities etc.

The initial rollout of the DEAct is as we know targeted at the 5 ISPs with over 400,000 subscribers. There is however no guarantee that this position will not change once the implementation phase is over especially if it is seen that customers rush to the apparent high ground of smaller ISPs. The concern amongst the above referenced institutions is that it will encumber them with enormous costs.

To bring things into perspective the University of London has 135,000 students. It won’t take a huge lowering of the 400,000 threshold to bring them into scope. Also the definition of who comes into scope is somewhat vague. The University might be described as both ISP (it provides a service and allocates IP addresses), a subscriber (it takes services off another ISP – JANET) and a Communications provider. The latter would leave them out of scope but the first two brings them in.

Ofcom has yet to publish the updated version of the DEAct Code of Practice and we are therefore still in the dark. Ofcom also declined to attend last night’s meeting. The regulator is late delivering the CoP.

The big philosophical problem is that the Act was constructed with the basic assumption of a simple relationship between ISP and consumer. One sells broadband services that the other buys. In the case of the University a notification letter suggesting that their IP address has been identified as “the culprit” in copyright infringement could point to any of their 135,000 students and even then might be wrong.

With the highly mobile nature of a student it would be nigh on impossible for the university to introduce the same tracking systems that serve ISPs and thus be able to maintain records of who might have been the infringer. It has been estimated that the introduction of mitigation measures such as filtering would result in an annual cost of £8m (excl staff) notwithstanding the fact that these measures would probably involve P2P blocking – Universities are big users of P2P for legitimate purposes. My own guesstimate of implementation costs for the University of London alone would be in the region of £500k up front plus a recurring annual maintenance and support charge.

One 94 Group university has estimated that even excluding any IT staffing time, the cost of the appeal process for a single university could be as high as £40,000 pa, at a rate of one notification per 400 students. At a national level that would equate to £32 million per annum.

The same problems apply to other Public Intermediaries. The complexities of narrowing down the location and offending PC to a specific user present a challenge disproportionate to the notional benefit. This is at a time when the Government is cutting down funding available to such institutions. This must surely weigh heavily against the inclusion of Public Intermediaries within the scope of the Act. It is at the very least a political contradiction.

Note the estimated Government figures for costs to industry of implementing the DEAct are as follows:

  • Cost (upfront) to ISPs (annualised): £8m per year
  • Costs (ongoing) to ISPs: £8-25m per year
  • Annual average costs to mobile operators: £19m per year
  • Annual costs of sending CIRs: £3m per year

The BT/TalkTalk submission as part of the request for Judicial Review suggested that the real costs were more in the region of £100m pa excluding the potential costs of implementing website blocking and other technical measures.

Assuming that the threshold will be lowered the total cost of implementing the Act could run into hundreds of millions of pounds a year, 75% of which, as it stands, would have to be paid for by the Rights Holders.

Hmm.

Categories
Business piracy Regs surveillance & privacy

Government response to TalkTalk petition says infringers won’t be disconnected #DEAct

Just for reference the Andrew Heaney of TalkTalk petition against the Digital Economy Act has had a response from the government.

It is clear that online copyright infringement inflicts considerable damage on the UK’s creative economy including music, TV and film, games, sports and software. Industry estimates place this harm at £400m pa.

The Digital Economy Act includes a number of measures to tackle the problem and we expect these to be successful in significantly reducing online copyright infringement. However this is an area of rapid technological change and developing consumer behaviour. The Act therefore includes a reserve power to introduce further “technical” measures if the initial measures do not succeed. These technical measures would limit or restrict an infringers’ access to the internet. They do not include disconnection.”

I’m not sure the technical measures were ever specified but at least this, together with the inquiry discussed in the previous post, is evidence that he huge furore following the passing of the act is starting to show some effect. Long way to go though.

Categories
Business piracy Regs surveillance & privacy

BT and TalkTalk granted Judicial Review on Digital Economy Act & DCMS launch inquiry #DEAct

BT and TalkTalk were today granted a Judicial Review of the Digital Economy Act at the High Court. A judge will now scrutinise whether the act is legal and justifiable on privacy and mere conduit grounds.

Also announced today by the Culture, Media & Sport Select Committee is an inquiry into protecting copyright online and the effectiveness of the DEAct. The call for evidence has asked for comments on a number of questions including:

• Whether the new framework has captured the right balance between supporting creative work online and the rights of subscribers and ISPs.
• Whether the notification process is fair and proportionate.
• The extent to which the associated costs might hinder the operation of the Act.
• At what point, if at all, consideration should be given to introducing the additional technical measures allowed for under the Act.
• Intellectual Property and barriers to new internet-based business models, including information access, the costs of obtaining permissions from existing rights-holders, and “fair use.”

This is good news. I am afraid we have to ask ourselves why this was not gone into during the initial parliamentary process running up to the passing of the Act.

The deadline for response is Wednesday, January 5.

Categories
Business piracy Regs

Freedom of the internet

Last Thursday the Minister of Communications, Ed Vaizey, chaired a round table on music licensing and the internet.

Present were the largest consumer ISPs, ISPA, Google and Yahoo together with senior figures from the Internet, music, film and sports sectors. Issues discussed included the development of the Digital Economy Act, the complexity of music licensing (scalability, costs for both ISPs & rights holders) and whether ISPs could do more with respect to sites that promoted illegal downloading (e.g. search engine rankings, blocking).
 
The Minister encouraged participants to further discuss and work on these issues and encouraged ISPs and rights holder to explore the possibility of bundled music deals as this would be the easiest way to satisfy consumer demand and provide an alternative to pirated music downloads. It is likely that a follow-up meeting will take place in the new year to update the Minister on the process that may have been made by this time.

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broadband Business internet ofcom

Yes Minister 2010, Broadband Growth, and Digital Britain

Over the last year or two it has been interesting to watch updated episodes of the BBC TV series Yes Minister playing out in front of my very eyes.

First of all it was the 2Meg Universal Service Obligation. You can picture civil servants in BIS (Dept of Business Innovation and Skills) running around in panic wondering at how they were going to make the “obligatory” bit happen. That one soon evolved to Universal Service Commitment which apparently in politicospeak means “we say 2Megs but actually it could be anything and between me and you is a worthless statement”. Got out of that then!

The came the Digital Economy Act hot potato that was thrown over the fence to Ofcom one evening with instructions to get it sorted out by the morning.

Now, with new masters settling in to the Whitehall roost, it’s a privilege to be one of the page turners and to read out to you the next hilarious chapter.