computers, though most of the efforts to filter information based upon content
deemed to be computing security risks are carried out by private firms or individuals
on a voluntary basis. 86 Calls are also being made to promote greater responsibility
among ISPs for malicious software spread over their networks in order to contain the
worst of ‘‘zombie’’ computers sending spam and distributing malware, in the interest
of preserving network safety for other connected PCs. In sum, there is still an active,
ongoing discussion about how and why regulation of the flow of obviously malicious
code over the Internet might take place. 87
Network Neutrality
As a new Federal Communications Commission begins its work in the Obama Administration, network neutrality and the problem of bandwidth throttling are near the top
of the list of issues it must tackle. One common mode of filtering Internet traffic is for
ISPs to discriminate based upon the type or amount of data sent or requested through
the network. Many people have had the experience of seeking to send an e-mail to a
colleague with a large attachment, such as a photo or a video, only to have the e-mail
bounce back with a note stating that an e-mail server along the way had rejected the
message because of its size. Writ large, this same issue arises for ISPs and their users.
Providers practice various forms of network management, where they decide to favor
some data packets over others, often to combat network scourges like spam and malware. Some ISPs, for instance, allow users only a certain amount of bandwidth for
certain activities. In August 2008, the FCC ruled that Comcast, a large ISP, had violated federal network neutrality rules when it practiced bandwidth throttling to prevent usage of the BitTorrent service. 88 The Comcast decision—a vote of 3–2 by the
commission—marked the first such intervention by the FCC, but by no means
resolved the issue of what kind of reasonable network management ISPs are permitted
to practice. The new Obama administration FCC will likely be called upon to consider
new legislation by Congress, new regulatory systems, and new allegations of infractions of the sort carried out by Comcast.
Surveillance
Concerns related to national security in the United States have contributed to the
development of an extensive and technologically sophisticated online surveillance
system. The U.S. surveillance system was expanded significantly under the Bush
administration following the attacks of September 11, 2001. Government wiretaps
are reported to have included taps on major Internet interconnect points and data
mining of Internet communications. 89 Tapping these interconnect points would give
the government the ability to intercept every overseas communication and many
380
United States and Canada Overview
deemed to be computing security risks are carried out by private firms or individuals
on a voluntary basis. 86 Calls are also being made to promote greater responsibility
among ISPs for malicious software spread over their networks in order to contain the
worst of ‘‘zombie’’ computers sending spam and distributing malware, in the interest
of preserving network safety for other connected PCs. In sum, there is still an active,
ongoing discussion about how and why regulation of the flow of obviously malicious
code over the Internet might take place. 87
Network Neutrality
As a new Federal Communications Commission begins its work in the Obama Administration, network neutrality and the problem of bandwidth throttling are near the top
of the list of issues it must tackle. One common mode of filtering Internet traffic is for
ISPs to discriminate based upon the type or amount of data sent or requested through
the network. Many people have had the experience of seeking to send an e-mail to a
colleague with a large attachment, such as a photo or a video, only to have the e-mail
bounce back with a note stating that an e-mail server along the way had rejected the
message because of its size. Writ large, this same issue arises for ISPs and their users.
Providers practice various forms of network management, where they decide to favor
some data packets over others, often to combat network scourges like spam and malware. Some ISPs, for instance, allow users only a certain amount of bandwidth for
certain activities. In August 2008, the FCC ruled that Comcast, a large ISP, had violated federal network neutrality rules when it practiced bandwidth throttling to prevent usage of the BitTorrent service. 88 The Comcast decision—a vote of 3–2 by the
commission—marked the first such intervention by the FCC, but by no means
resolved the issue of what kind of reasonable network management ISPs are permitted
to practice. The new Obama administration FCC will likely be called upon to consider
new legislation by Congress, new regulatory systems, and new allegations of infractions of the sort carried out by Comcast.
Surveillance
Concerns related to national security in the United States have contributed to the
development of an extensive and technologically sophisticated online surveillance
system. The U.S. surveillance system was expanded significantly under the Bush
administration following the attacks of September 11, 2001. Government wiretaps
are reported to have included taps on major Internet interconnect points and data
mining of Internet communications. 89 Tapping these interconnect points would give
the government the ability to intercept every overseas communication and many
380
United States and Canada Overview