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- THE ELECTRONIC FRONTIER FOUNDATION*
-
- AN OPEN PLATFORM FOR TELECOMMUNICATIONS INFRASTRUCTURE**
-
- The Infrastructure Challenge
-
- Until now the telecommunications policy debate has largely been framed as a
- struggle among entrenched commercial interests over who will control and
- dominate markets such as information services, manufacturing, and long
- distance service. It is time to refocus the debate by defining public goals
- and enumerating specific steps to achieve them. Public policy should be
- guided by an overarching social vision of what we call the National Public
- Network, a vibrant web of information links to serve as the main channels
- for commerce learning, education, politics, social welfare, and
- entertainment in the future. This network will include the voice telephone
- service that we are already so familiar with, along with video images,
- sound, and hybrid forms of communication.
-
- In the view of EFF we need more than just safeguards, entry level tests or
- new telephone company investment in information services and fiber optics.
- In order to ensure a level playing field, encourage diversity, and
- safeguard the freedom of users, we must build an open telecommunications
- platform according to the following principles:
-
- - establish an open platform for information services by speedy deployment
- of "Personal ISDN" nation-wide;
-
- - ensure competition in local exchange services;
-
- - promote First Amendment free expression by reaffirming the principles of
- common carriage;
-
- - foster innovations that make networks and information services easy to
- use;
-
- - protect personal privacy; and
-
- - preserve and enhance socially equitable access to communications media.
-
- Policy Recommendation
-
- I. Create an Open Platform for Innovation in Information Services by
- Speedily Deploying a Nation-wide, Affordable "Personal ISDN".
-
- To achieve the information diversity currently available in print and
- broadcast media in the new digital forum, we must guarantee widespread
- accessibility to a platform of basic services necessary for creating
- information services of all kinds. Such a platform offers the dual benefit
- of helping to creating a level playing field for competition in the
- information services market, and stimulating the development of new
- services beneficial to consumers.
-
- Some suggest that the technology necessary to offer such a platform is far
- off and would require billions of dollars of investment in fiber optics.
- Actually, we have a platform that meets these criteria within our reach
- now. Personal ISDN (Integrated Services Digital Network) could make voice,
- data, video, high-speed fax, video, and multimedia services available TODAY
- to telephone subscribers all around the country. ISDN as a key information
- services technology is well-known in the communications industry, but its
- potential as a universal platform is neither properly appreciated, nor
- properly priced and positioned by the RBOCs as a basic service for
- everyone, including consumers and small businesses.
-
- The desktop personal computer represented a revolutionary platform for
- innovation of the 1980's because it was designed according to the principle
- of open architecture. This principle allowed numerous hardware and software
- entrepreneurs to enter the computer industry. To bring the benefits of the
- information age to the American public in the 1990's, we need to build an
- open, ubiquitous digital communications platform for information services.
- Personal ISDN can enable the citizen's access into the Information Age
- because it has these key characteristics:
-
- 1. A Critical Mass of Features:
-
- Existing ISDN standards, once fully implemented, offer switched,
- high-speed, error-free data communications which can deliver a variety of
- advanced information services. Many of the capabilities once thought to be
- possible only on an all-fiber network, such as interactive full-motion
- video can be achieved to a significant degree over Personal ISDN. This is
- due to continuing revolutions in compression technology which make it is
- possible to use copper wire-based ISDN to carry video signals to their
- destination, at which point they can be uncompressed through use of
- increasingly inexpensive processors, which are built-in to computers,
- televisions, and other consumer electronic equipment.
-
- 2. Ubiquity:
-
- To create a market for information services, everyone must be able to reach
- information services. We must build the new public network by making it
- easy for people to connect to it with a few simple decisions. Again, an
- analogy to the personal computer market is helpful. Minicomputers and
- mainframes were marketed to companies. Microcomputers (PC's) were marketed
- to individuals. Personal ISDN-- which can be provided over the existing
- copper plant that comprises today's public switched network -- can reach
- into every home and every small business without laying a single mile of
- fiber optic cable. Telephone company data indicates that over the next
- three years majority of central office switches will be upgraded to the
- requisite digital capability to handle ISDN.
-
- 3. Affordability:
-
- Platform services, even if they are ubiquitous, are useless unless they are
- also affordable to American consumers. Just as the voice telephone network
- would be of little value if only a small fraction of the country could
- afford to have a telephone in their home, a national information platform
- will only achieve its full potential when a large majority of Americans can
- afford access to it. All available information indicates that ISDN can be
- priced as a basic service. The cost of carrying a digital ISDN call from
- the customer to the local switch is just the same as an analog voice call
- in the digital switching regime that ISDN pre-supposes. There are some
- fixed investment costs still to be incurred to upgrade the nation's central
- office switches in order to handle ISDN traffic, but commitments to these
- investments are already largely made.
-
- What is needed is to raise the floor by creating a new standard, minimum
- platform for information exchange. ISDN must be re-positioned as a basic
- service, available to consumers and small businesses. This service can be
- the test bed for a whole new generation of information services which could
- benefit the American public and level the competitive playing field.
-
-
- II. Ensure Competition in Local Exchange Services
-
- Many consumer and industry groups are concerned that as the modified final
- judgement restrictions are lifted, the RBOCs will come to dominate the
- design of the emerging National Public Network, shaping it more to
- accommodate their business goals than the public interest. The bottleneck
- that RBOCs have on local exchange services critical to information
- providers can be minimized by unbundling these services and allowing
- non-BOC providers to offer them in competition with BOC local exchange
- companies.
-
- Some suggest that an entry level test is necessary to guarantee that
- alternative infrastructure is developed for information services delivery.
- Alternative pathways are a useful and necessary part of our telecommunications
- infrastructure, but we should not rely on them alone to level the information
- services playing field. First and foremost we must find ways to open up the
- existing public switched network to competition at all levels. Competition
- will promote innovation in the services on which information providers
- rely, and help guarantee equal access to all local exchange facilities.
-
- The post-divestiture phone system offers us a valuable lesson: a
- telecommunications network can be managed effectively by separate
- companies--even including bitter opponents like AT&T and MCI--as long as
- they can connect equitably and seamlessly from the user's standpoint.
- Together with the open platform offered by a Personal ISDN, unbundling and
- expanded competition is a key to ensuring equitable access to local
- exchange services needed for information service delivery.
-
- III. Promote First Amendment Free Expression by Affirming the Principles of
- Common Carriage
-
- In a society which relies more and more on electronic communications media
- as its primary conduit for expression, full support for First Amendment
- values requires extension of the common carrier principle to all of these
- new media. Common carriers are companies which provide conduit services for
- the general public. The common carrier's duties have evolved over hundreds
- of years in the common law and later statutory provisions. The rules
- governing their conduct can be roughly distilled in a few basic principles.
- Common carriers have a duty to provide services in a non-discriminatory
- manner at a fair price, interconnect with other carriers, and provide
- adequate services. The communications carriers who make up the critical
- elements of the public switched network -- local exchange companies and
- inter-exchange companies -- should be subject to comprehensive common
- carriage duties as described above. All communications carriers, however,
- are not necessarily common carriers.
-
- Unlike arrangements found in many countries, our communications infrastructure
- is owned by private corporations instead of by the government. Therefore, a
- legislatively imposed expanded duty of common carriage on public switched
- telephone carriers is necessary to protect free expression effectively. A
- telecommunications provider under a common carrier obligation would have to
- carry any legal message regardless of its content whether it is voice,
- data, images, or sound.
-
-
- IV. Make the Network Simple to Use
-
- One of the great virtues of today's public switched telephone network, from
- a user's perspective, is that it operates according to patterns and
- principles that are now intuitively obvious to almost everyone. As this
- network grows beyond just voice services, information services that become
- part of this network should reflect this same ease-of-use and accessibility.
- The development of such standards and patterns for information services is
- vital, not just because it helps makes the network easier to use, but also
- because it ensures an open platform for information providers. However,
- standards development will be ad hoc and even chaotic at first. Numerous
- standards may be tried and found inadequate by users before a mature set of
- standards emerges. Congress and government regulatory bodies may need to
- set out the ground rules for standards planning in order to ensure that all
- interested parties have an equal voice, and the resulting standards should
- be closely analyzed to make sure that they reflect public needs. But,
- direct government involvement in the process should be as limited as possible.
-
- V. Protect Personal Privacy
-
- As the NPN develops, there are threats to both communications privacy and
- information privacy. First, electronic communications meant to be private
- can be intercepted without the consent or even knowledge of the communicating
- parties. The privacy of telephone conversations and electronic mail is
- already protected by the Electronic Communications Privacy Act. However,
- communications in other media, such a cellular phone conversations, can be
- intercepted using readily available technology by private third parties
- without the knowledge or consent of the people involved. Second, as the
- public switched telephone network is used for an increasing variety of
- transactions, it will hold more personal information about consumers. We
- need to give citizens greater control over information collected, stored,
- and disseminated by telephone companies and information providers. As the
- public outcry over Caller ID demonstrates, citizens want and deserve to
- have adequate notice about what information is being collected and
- disseminated by communications firms and must be able to exercise informed
- consent before information collected for one purpose can be used for any
- other purpose.
-
- VI. Preserve and Enhance Socially Equitable Access to Communications Media
-
- The principle of equitable access to basic services is an integral part of
- nation's public switched telephone network. We must ensure that all Americans
- have access to the growing information services market. Some paint a vision
- of the future in which all citizens have access to education services such
- as distance learning or on-line health care services. Neither market
- competition nor lifting restrictions on telephone companies alone will
- deliver these services. It is time for those who propose serving the
- "information have nots" to admit that equity can not be achieved except by
- legislative mandate and public funding.
-
- Conclusion
-
- The chance to influence the shape of a new medium usually arrives when it
- is too late: when the medium is frozen in place. Today, because we are at
- the cross-roads of telecommunications policy, and because of the unusual
- awareness people have of its possibilities, there is a rare opportunity to
- shape this new medium in the public interest, without sacrificing diversity
- or financial return.
-
- For a copy of the complete testimony on which this overview is based or for
- more information please contact:
-
- Mitchell Kapor, President
- Electronic Frontier Foundation
- 155 Second St.
- Cambridge, MA 02141
- 617-864-0665
- mkapor@eff.org
-
- - or -
-
- Daniel J. Weitzner
- EFF Washington Office
- 666 Pennsylvania Ave, SE
- Suite 303
- Washington, DC 20003
- 212-544-9237
- dweitzner@eff.org
-
- * The Electronic Frontier Foundation (EFF) is a public interest organization
- established in 1990 to educate the public about the democratic potential of
- new computer and communications technologies. EFF works to develop and seeks
- to implement public policies to maximize freedom, competitiveness, and civil
- liberty in the electronic social environments being created by these new
- technologies.
-
- ** This overview is a summary of testimony presented by the Electronic
- Frontier Foundation to the House Energy and Commerce Committee, Subcommittee
- on Telecommunications and Finance in hearings regarding Telecommunications
- Infrastructure Legislation and Proposals, October 24, 1991. The testimony
- was prepared by Mitchell Kapor in consultation with Jerry Berman, Director
- of the ACLU Information Technology Project and Danny Weitzner. Many people
- in the computer and networking community also contributed valuable comments
- and suggestions.
-
-
- How to Get Information via the Internet
-
- 1. "Open Platform Overview"
-
- This is the document you are now reading, It summarizes our policy
- recommendations for the creation of a ubiquitous, affordable, open
- telecommunications platform based on ISDN. A slightly different version was
- printed in EFFector 2.01. Additional copies may be obtained:
-
- via electronic mail: send a message to archive-server@eff.org, any subject,
- with body: send documents open-platform-overview
-
- via anonymous ftp from eff.org:/pub/docs/open-platform-overview
-
- 2. "Testimony of Mitchell Kapor Before the House Subcommittee on
- Telecommunications and Finance Regarding Telecommunications
- Infrastructure Legislation and Proposals"
-
- This is the complete testimony presented to Congress, which is the full text
- from which the "Open Platform Overview" was prepared.
-
- via electronic mail: send a message to archive-server@eff.org, any subject,
- with body: send documents open-platform-testimony
-
- via anonymous ftp from eff.org:/pub/docs/open-platform-testimony
-
- 3. EFFector Online
-
- This is the regular newsletter of the Electronic Frontier Foundation. We
- will continue to report progress on the Open Platform initiative here.
-
- via electronic mail: send mail to eff-news-request@eff.org requesting to be
- put on the mailing list
-
- via Usenet: comp.org.eff.news
-
- 4. IBT mailing list
-
- The IBT (Internet Brain Trust) moderated mailing list is being organized as
- a forum for discussion on the Open Platform. To join the list, please send
- mail to ibt-request@eff.org.
-
- The IBT archive will be available via anonymous ftp from eff.org:/pub/ibt
-
- (There will be separate files for each month, filenames YYYY-MM.)
-
- 5. General Information about the EFF, including membership information
-
- via electronic mail: send mail to archive-server@eff.org, any subject, with
- body: send EFF EFF.about
-
- via anonymous ftp from eff.org:/pub/EFF/EFF.about
-
- The Electronic Frontier Foundation (EFF) is a non-profit public interest
- organization established in 1990 to educate the public about the democratic
- potential of new computer and communications technologies. EFF works to
- develop and seeks to implement public policies that maximize freedom,
- competitiveness, and civil liberty in the electronic social environments
- being created by these new technologies.
-