Google and Verizon unveil private net neutrality deal

After a week of speculation and denial, Google and Verizon unveiled their own version of net neutrality in the form of a “suggested legislative framework for consideration by lawmakers,” as Google’s public policy guy Alan Davidson and Verizon Vice President Thomas Tauke put it on Google’s public policy blog.

“Ultimately, we think this proposal provides the certainty that allows both Web startups to bring their novel ideas to users, and broadband providers to invest in their networks,” they wrote. We’re guessing that lots of people will disagree with that assessment.

How large a truck could you drive through these loopholes?

The proposal calls for an enforceable mechanism at the Federal Communications Commission against discrimination towards lawful content. And the plan includes transparency requirements and a principle against the “prioritization of Internet traffic.” That would include “paid prioritization,” Davidson and Tauke insist, which is where a company like Google might pay an ISP like Verizon a few million dollars to secure faster delivery of its content.

“So, in addition to not blocking or degrading of Internet content and applications, wireline broadband providers also could not favor particular Internet traffic over other traffic,” say the lobbyists.

But then comes this little clinker in the more detailed summary of the proposal:

Additional Online Services: A provider that offers a broadband Internet access service complying with the above principles could offer any other additional or differentiated services. Such other services would have to be distinguishable in scope and purpose from broadband Internet access service, but could make use of or access Internet content, applications or services and could include traffic prioritization.

The FCC would release an “annual report” on these services, Verizon and Google propose, “and immediately report if it finds at any time that these services threaten the meaningful availability of broadband Internet access services or have been devised or promoted in a manner designed to evade these consumer protections.”

This resembles the vague “managed services” category in the FCC’s own net neutrality proposal. The question, of course, is what those “additional or differentiated services” would entail: IP video? the latest VoIP conferencing app? everything good that’s coming down the Internet pike?

Then there’s this nugget: the plan would only apply to wired networks. Wireless network operators can discriminate and prioritize to their heart’s content.

“Because of the unique technical and operational characteristics of wireless networks, and the competitive and still-developing nature of wireless broadband services, only the transparency principle would apply to wireless broadband at this time,” says the agreement.

Reactions to this plan are coming in fast. We’ve got a new report with deep analysis and reaction.