Does The FCC Really Not Understand The Difference Between A Device Operating System And A Mobile Network?
from the these-are-the-people-who-regulate-us? dept
As we still wait for the details of the FCC's net neutrality ruling, some have noticed that the FCC's justification for not caring much about wireless networks is somewhat baffling. Specifically, the FCC used the openness of the Android operating system as evidence that things are open in the mobile networking world:Further, we recognize that there have been meaningful recent moves toward openness, including the introduction of open operating systems like Android.Now, whether or not you agree with the FCC's plans, or with the idea of "net neutrality" regulations in general, this statement is a bit of a head scratcher. It's kind of like saying "because cars use gasoline, we see no reason to set speed limits." I mean, the two are kinda sorta related in that they both involve cars (or mobile computing), but they're not the same thing at all. Just because Android is a more open operating system has nothing to do with network discrimination or questions about the end-to-end principle of networks. Making such a statement suggests that the FCC doesn't understand the difference between an operating system and a mobile network... and that's just scary.
Thank you for reading this Techdirt post. With so many things competing for everyone’s attention these days, we really appreciate you giving us your time. We work hard every day to put quality content out there for our community.
Techdirt is one of the few remaining truly independent media outlets. We do not have a giant corporation behind us, and we rely heavily on our community to support us, in an age when advertisers are increasingly uninterested in sponsoring small, independent sites — especially a site like ours that is unwilling to pull punches in its reporting and analysis.
While other websites have resorted to paywalls, registration requirements, and increasingly annoying/intrusive advertising, we have always kept Techdirt open and available to anyone. But in order to continue doing so, we need your support. We offer a variety of ways for our readers to support us, from direct donations to special subscriptions and cool merchandise — and every little bit helps. Thank you.
–The Techdirt Team
Filed Under: android, fcc, net neutrality, openness, operating system
Companies: fcc
Reader Comments
Subscribe: RSS
View by: Time | Thread
Ahh that's the difference
By their logic, if there was ever an open source operating system that could be installed on wired devices then they wouldn't have to make rules on wired services either. Unfortunately Linux and other FOSS operating systems have never existed in wired devices.
[ link to this | view in chronology ]
Re: Ahh that's the difference
[ link to this | view in chronology ]
A Potential (long term) Solution
http://en.wikipedia.org/wiki/Wireless_community_network
Wifi Phones being those that support 802.11b/g/n (etc) such as the Iphone and Android
Skype (or other IP based phone service).
Short term solution? Punt.
-CF
[ link to this | view in chronology ]
Re: A Potential (long term) Solution
[ link to this | view in chronology ]
Re: Re: A Potential (long term) Solution
As though the US Gov. is the only Gov. that does that. Come on...
[ link to this | view in chronology ]
Re: Re: Re: A Potential (long term) Solution
[ link to this | view in chronology ]
Re: Re: A Potential (long term) Solution
They get all their wisdom from the Bible. Just look at the energy subcommittee chairman...God promised Noah and all that.
I feel ashamed to be an amerikan 6 months out of the year these days.
[ link to this | view in chronology ]
Re: Re: Re: A Potential (long term) Solution
[ link to this | view in chronology ]
Typical Government Ivory Tower Stuff
The FCC is desperate to justify their existence as illustrated by last 10 years of fines levied against broadcasters who let a nip slip or a "bad word" cross the radio waves. Not the most pressing issues of our time, in my opinion. They want their cut of the largess being shoveled out the back door of the white house too in the most dramatic expansion of government ever. The chickadees who don't chirp loud don't get a worm.
[ link to this | view in chronology ]
Re: Typical Government Ivory Tower Stuff
[ link to this | view in chronology ]
Re: Re: Typical Government Ivory Tower Stuff
I'd say that's a pretty big expansion. I wouldn't say it's the biggest ever (the Washington administration wins that by default) but it's pretty damned significant.
[ link to this | view in chronology ]
Re: Re: Re: Typical Government Ivory Tower Stuff
The largest 5 insurance companies in the US are national.
(Aetna Inc, BCBS association, Cigna corporation, UnitedHealth Groups incorporated, Wellpoint incorporated)That means interstate commerce takes place.
I'm fascinated by the people who get mad at corporate regulation, but are fine with regulating citizens (who you can marry, and what you can abort).
[ link to this | view in chronology ]
They understand
[ link to this | view in chronology ]
Re: They understand
Sure, but in this case, as is usually the case in the technical realm, if you write regulation with enough double talk and mumbo jumbo its easily struck down by appellate courts. THAT they understand. So in this case I really do feel like they simply don't understand the technology.
[ link to this | view in chronology ]
Re: They understand
[ link to this | view in chronology ]
The part they are trying to add this year is the ability to enforce it on the in ground internet which they have a limited ability to control as proven by there recent Comcast ruling loss in the court.
[ link to this | view in chronology ]
Je sui Napoleon!
[ link to this | view in chronology ]
Here's a link to the original FCC news release
http://www.fcc.gov/Daily_Releases/Daily_Business/2010/db1221/DOC-303745A1.pdf
I like to see the original document before writing to my congress person.
[ link to this | view in chronology ]
About WiFi and Vendor Lock-in Maybe?
meaning, these days, with open handset operating systems and a crap-ton of available wifi, you can't be locked in and forced to use a providers wireless network. thus, being crazy overcharged without real recourse.
i mean... it's a stretch, right? but i can't fathom they don't understand the difference between a phone and the network it's on.
m3mnoch.
[ link to this | view in chronology ]
Re: About WiFi and Vendor Lock-in Maybe?
AT&T probably talked to the FCC and said:
"Look. When we first got the iPhone it was totally unique and there were no competing products so some far left wacko consumer rights groups probably told you we were taking advantage of a monopoly so you had to regulate us 'for the consumers' but all of the carries have Android phones so there's competition among the 4 of us. In fact, we talk about it when we play golf together and discuss raising our rates. So, you don't need to regulate us because there's competition in the wireless market space. Thank Google"
[ link to this | view in chronology ]
Linux on wired ports
But really the most open OS in the world can't do shit if the network it is on isn't open. Especially given the direction things are heading. More and more services rely on the cloud. I ride the T with my phone and when I loose connection I sort of sit there wondering what to do. It is because all of my apps, pretty much, rely on the internet to function. The FCC needs to figure that out, but my guess is they'll just stay stupid.
[ link to this | view in chronology ]
Android is Linux
[ link to this | view in chronology ]
This is what happens when..
[ link to this | view in chronology ]
iyes
[ link to this | view in chronology ]
Context much?
I agree that Android's inherit openness doesn't lend itself to this conclusion any more than Apple's iOS's capabilities; but conflating the statement and the intent is something I would not have expected from Tech Dirt. Is anyone reading the source and considering critical thinking skills above that of a middle schooler before writing these articles?
[ link to this | view in chronology ]
Re: Context much?
http://arstechnica.com/tech-policy/news/2010/12/net-neutrality-and-the-fcc.ars
The FCC is actually making a very reasonable point - competition tends to be much more vigorous in the wireless market and wireless systems are on a trajectory *towards* increased openness. A "wait-and-see" attitude is much easier to justify in that environment than it is in the limited-competition, high infrastructure cost wired environment.
[ link to this | view in chronology ]