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David Weinberger picks up the idea that Network Neutrality is desirable but by itself unsustainable. He picks up on earlier, nerdier work by Susan Crawford and me, saying, "Delaminate the Bastards."

The heart of his argument is this:

The carriers view Net Neutrality not as a mere restriction or inconvenient regulation. It is a direct challenge to their business model, that is, to their existence. That's why in 2006 the carriers spent $1.4 million per week lobbying against it [source]. They will do to Net Neutrality what they have done to previous attempts to get them to behave:

* The Telecom Act of 1996 required the carriers to make elements ("Unbundled Network Elements") of their networks available to other companies at prices that would allow these new companies to offer services and earn revenues from them. The carriers tied these new companies down with law suits. In 2003, the FCC eliminated the rules for broadband companies. Net effect of the legislation: None.
* The carriers routinely agree to build out their networks to the poorer parts of the town. Then they don't.
* The carriers took $200 billion [source] of tax payer money to create a fiber optic network that reached to every house. How's your fiber optic connection today?

The carriers will tip their hats at Net Neutrality if they are forced to. They will then ignore it. For the carriers, business models trump regulation, law and reason.

We have history so we can learn from it.

Delaminate the bastards. The only way to get Net Neutrality with teeth is by changing the business models of the businesses providing us with access. Peel apart the layers like a piece of rotting plywood.

In Europe, structural separation is the subject of a mainstream conference (Telecom Separation: Regulatory & Financial Implications, 17th October 2007, Le Chatelain All Suite Hotel, Brussels) that includes national regulators and senior business strategists from the major telecoms. Here in the US of A, separation is still a Dangerous Idea that even Internet public-interest advocates aren't yet considering. As Weinberger says, "The telcos are playing us like a violin." Weinberger's essay is an important step towards opening the discussion here.

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