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Subject: [mka...@eff.org (Mitch Kapor): Kapor's Full Testimony (long)]
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Date: Thu, 12 Mar 1992 20:33:24 -0500
From: mka...@eff.org (Mitch Kapor)
Subject: Kapor's Full Testimony (long)
To: com-p...@psi.com
Testimony of Mitchell Kapor, President, Electronic Frontier Foundation and
Chairman, Commercial Internet Exchange before the United States House of
Representatives Committee on Science, Space, and Technology Subcommittee on
Science
Hearing on the Management and Operation
of the NSFNET by the National Science Foundation
March 12, 1992
Mr. Chairman:
My name is Mitchell Kapor. I want to thank you for inviting me to
present my views on the importance of research and education networks, and
the beneficial role that commercial forces can play in this arena. At your
request, I come before this Committee in two capacities. As the President
of the Electronic Frontier Foundation, a public interest advocacy
organization concerned about promoting the democratic potential of new
computer and communications technologies, I hope to offer a vision of how
the National Research and Education Network (NREN) can enhance research and
educational opportunity for an ever-growing community of users. As the
Chairman of the Commercial Internet Exchange, a trade association that
promotes the commercial Internet market, I will give some suggestions on
ways that Congress can help to eliminate some of the current impediments
which unnecessarily limit entrepreneurial innovation in the Internet arena.
For those who may not know me, I am also the principal developer of
the Lotus 1-2-3 spreadsheet program and served as the CEO of the Lotus
Development Corporation between 1982 and 1986 during which time it grew
into a $200 million dollar a year software company.
I believe that Congress, and this Committee in particular, has a
vital role to play in:
- -ensuring that NREN services reach the broadest possible community of
users;
- -creating an environment which stimulates the development of new network
technologies and applications, and;
- -leveraging federal involvement with private sector cooperation.
Again, thank you for the opportunity to participate in this process.
I. Background
A. The Electronic Frontier Foundation
The Electronic Frontier Foundation (EFF) was founded on a shared
conviction that a new public interest advocacy organization was needed to
educate the public about the democratic potential of new computer and
communications technologies and to work to develop and implement public
policies to maximize civil liberties and competitiveness in the electronic
social environments being created by new computer and communications
technologies. Our primary mission is to insure that the new electronic
highways emerging from the convergence of telephone, cable, broadcast, and
other communications technologies enhance First and Fourth Amendment
rights, encourage new entrepreneurial activity, and are open and accessible
to all segments of society.
The EFF is committed to ensuring that the rules, regulations, and
laws being applied to emerging communications technologies are in keeping
with our society's highest traditions of the free and open flow of ideas
and information while protecting personal privacy.
B. The Commercial Internet Exchange
The Commercial Internet Exchange Association (CIX) was formed in
1991 as a trade association open to all commercial Internet carriers. All
members agree to exchange traffic at a fixed and equal cost set by the
association. The primary goal is to provide connectivity among
cooperating carriers, with no restrictions on the type of traffic allowed.
Today, there are seven CIX members with both domestic and
international networks: BARRnet, CERFnet, EUNet, Performance Systems
International (PSI), Unipalm Limited, UUNET Technologies, and US Sprint.
Over 3000 commercial firms can be reached through the CIX member networks,
with no restrictions on use. The top 20 computer companies in the US are
all connected via the CIX, and many are delivering commercial support
services (e.g., software/hardware and consulting) over it.
The CIX is structured to grow and migrate with the emerging needs
of the commercial Internet. Many multinational carriers and at least three doz
en regional networks in the US, Europe,
and Japan have expressed interest in joining. In response to this
interest, the CIX membership has developed plans to improve network
technology support services that benefit the entire community. The CIX
will also actively encourage new services on the commercial Internet.
II. Visions of the NREN
The NREN is intended to "link research and educational
institutions, government, and industry, in every State,"1 together.
Agencies responsible for implementing the NREN "shall work with State and
local agencies, libraries, educational institutions and organizations, and
provide network service providers in order to ensure that researchers,
educators, and students have access to the Network." The NREN will not be
created out of thin air. Rather, it is an expansion of the Internet, a
twenty-year old international network that links over three million users
in 30 countries. The Internet is a vital part of the interim NREN.
Wearing my Electronic Frontier Foundation hat, I believe that this
committee should take a broad view of the possibilities of an NREN that
reaches into all levels of schools, libraries, hospitals, community
centers, and even homes. These are some goals that the Committee should
strive for in its long-term NREN implementation plans:2
A. Expand the number of users who have access to the Internet and NREN
The tremendous popularity of the Internet has already demonstrated
the value of public data networks among higher eduction and research
institutions. Congress should adopt policies which help make Internet
resources accessible to an ever-broadening community of users. In the
1960s, the average fifth grader had no need to use the ARPANET to access
remote computing power. But in the 1990s, students down to the elementary
school level can benefit from having access to libraries and other on-line
educational resources from all around the country.
As information technology becomes more and more sophisticated, some
have warned that we could be dividing American society into the
"information haves and havenots." Let us use the NREN as one of many tools
to enable all segments of society to have access to important information
and communication resources.
B. Enhance "access to electronic information resources maintained by
libraries, research facilities, publishers, and affiliated organizations."3
Millions of scientists, students, government workers, and even the
occasional Congressional staffer rely on the Internet as a primary computer
and communications tool. Researchers exchange scientific information,
students further their education, government workers communicate with
others working on publicly-funded projects, and some of us even use the
Internet to stay in touch with political developments.
The more information that is accessible over the Internet, the
greater its value to its users, but the potential of the Internet as an
information dissemination medium for both public and private institutions
has only just begun to be explored. Congressional policies that allow both
non-commercial and commercial information providers to offer their services
over the NREN will enhance the productivity and creativity of researchers,
educators, students, and other NREN users.
C. Support the free flow of ideas
The academic community relies on the Internet as a forum for
exchanging scholarly research and data. So, traditional academic freedom
of speech, as guaranteed by the First Amendment, should be protected in
this new forum.
D. Promote "research and development leading to commercial data
communications and telecommunications standards."4
The HPCA recognizes two important areas of research for the
development of the NREN. First, much basic engineering work remains to be
done in order to provide the high-speed (gigabit) data transmission
services required by certain applications, such as supercomputing and high
definition video and graphics. Second, in order to bring the benefits of netwo
rk information services to a wider community of
users, standards for data presentation and access need to be developed.
For example, because most libraries catalog books according to standard
systems which we have all been taught, we can walk into almost any library
and find the books we need. If electronic information services are to be
truly useful beyond a narrow group of technical workers, much progress must
be made toward making the services easy to use.
E. The NREN as a Testbed
In enacting the NREN legislation, the Congress is taking a critical
step toward what I call the National Public Network, the vast web of
information links organically evolving from computer and telephone systems.
By the end of the next decade, these links will connect nearly all homes
and businesses in the U.S. They will serve as the main channels for
commerce, learning, education, and entertainment in our society. The new
information infrastructure will not be created in a single step: neither by
a massive infusion of public funds, nor with the private capital of a few
tycoons, such as those who built the railroads. Rather the national,
public broadband digital network will emerge from the "convergence" of the
public telephone network, the cable television distribution system, and
other networks such as the NREN.
Not only will the NREN meet the computer and communication needs of
scientists, researchers, and educators, but also, if properly implemented,
it could demonstrate how a public information network can be used in the
future. As policy makers debate the role of the public telephone and other
existing information networks in the nation's information infrastructure,
the NREN can serve as a working test-bed for new technologies,
applications, and governing policies that will ultimately shape the larger
national network.5 So, as the Committee acts to implement the NREN, I urge
you to remember that the patterns set by pioneering networks such as this
will play a critical role in shaping the Nation's information
infrastructure.
III. Recommendations for Transition to Full Commercial Operation
In passing the High Performance Computing Act, Congress provided a
clear set of goals for the NREN and guidance on how to achieve those goals.
This Committee and the entire Congress have made it clear that the Network
services should be provided in a "manner which fosters and maintains
competition within the telecommunications industry and promotes the
development of interconnected high-speed data networks by the private
sector."6
Under the NSF's management, the use of the Internet by commercial
organizations has been wildly successful. Nearly 60 percent of all
registered computing sites on the Internet are commercial organizations.
Within two years this number is expected to grow to nearly 90 percent. It
is not surprising, in light of this rapid change in the Internet
environment, that even with the best intentions on the part of NSF, some
problems occurred along the way. I am optimistic that new policies based
on a careful look at the market today can create a thriving commercial
environment on the Internet.
The task that this Committee begins today is to shape an
implementation strategy that achieves these important national goals by
carefully examining the recent history of the NSFNET and the rapidly
changing structure of the data networking marketplace.
The HPCA sets as a goal that "the Network shall be phased into
commercial operation as commercial networks can meet the needs of American
researchers and educators."7 Speaking as Chairman of the Commercial
Internet Exchange, I can say with confidence that the commercial Internet
providers already in the market can meet the networking needs of current
NSFNET users for T18 now and will be able to meet the needs for T39
services in the very near future. Therefore, I offer the following short-
and long-term recommendations for reaching the goal of a fully
commercially-operated NREN.
A. Short Term - Until November 1992
1. Modify the NSF Acceptable Use Policies to encourage the
availability of commercial information services and promote competition
among carriers.
As part of its current management of the NSFNET backbone, the NSF
has set a series of "Acceptable Use Policies" which define the type of
traffic that can be carried over the NSFNET backbone. The AUP restriction
most relevant to today's hearing requires that all data carried over the
NSF backbone be "in support of research and education." This restriction
frustrates two important NREN goals by precluding widespread offering of
commercial electronic information services, and discouraging commercial
organizations from making full use of the Internet.
A brief note about the three-level structure of the Internet may be
helpful here. At the lowest level are local networks maintained by each
connected institution. Next, mid-level or regional networks connect a
number of local networks together. Finally, there are backbones which link
regional networks together. The NSFNET is a backbone that connects a
number of regional networks and offers interconnection to other government
networks and international networks. But other providers, including two
CIX members, PSI and Alternet, have their own international backbones which
interconnect with several regional networks, commercial organizations, and
international networks. Funding for local and region networks comes from a
variety of public and private sources, but the NSF backbone is paid for by
NSF funds.
As the Internet was growing, the NSF wisely instituted an AUP that
allowed for a wide variety of uses of the network, including some that
could strictly be classified as "commercial." This open policy encouraged
extensive use of the Internet and made it a success. An unfortunate side
effect of this openness is that there is substantial confusion about what
kind of traffic is allowed and what is forbidden. In practice, electronic
mail users can make commercial use of the Internet with impunity because
e-mail is private. But the uncertain scope of the AUP discourages many
potential commercial users of the Internet from joining the network.
In 1990, an exception to the commercial use restriction in the AUP
was created by the NSF. In an agreement between the NSF and Merit, the
primary NSFNET backbone contractor, Merit was allowed to subcontract the
backbone services to a new non-profit corporation, Advanced Network
Services (ANS). ANS in turn created a for-profit subsidiary called ANS
CO+RE which now has been given the exclusive right by NSF to sell backbone
connections that carry commercial traffic across the NSF sponsored gateways
between the T3 backbone and the regional networks. This commercial traffic
would otherwise be in violation of the AUP.
NSF and Merit arranged for ANS CO+RE to pay some portion of the
cost of carrying the commercial traffic into a fund that is intended to
benefit the regional networks connected to the backbone. However, ANS
CO+RE is still the only network service provider which has thus far been
authorized by NSF to pass commercial traffic over the backbone to regional
networks.
Retaining ANS as the only firm that is able to offer commercial
access to the NSFNET backbone creates market distortions which impede the
commercial expansion of the Internet and limit the scope of services
available to future NREN users. When the NSF created the current
arrangement, little was known about how the commercial Internet market
would develop and the impact NSF's choices would have. In planning for the
future, Congress should begin now to take steps to achieve the NREN goals
of promoting the development of commercial services and an open,
competitive environment.
2. Encourage Cooperative Efforts within the Commercial Internet
Industry Which Enhance Interconnection Among Carriers
Since the backbone arrangements that NSF structured did not allow
for open routing of commercial Internet traffic, CIX members and ANS have recen
tly begun negotiations to address these problems. Fruitful
discussions are underway between the concerned parties with the intent of
developing interconnection arrangements that promote the open flow of
commercial traffic to all parts of the Internet that are willing to accept
it. I hope that this Committee can lend its support to these efforts and
set them as a model for voluntary resolution of various industry "growing
pains."
3. Find Alternatives to the Current NSFNET Backbone Arrangement with
ANS which are Fair to All Parties
The National Science Board should be asked to reconsider its
decision to extend the current backbone arrangement for an extra eighteen
months past November 1992. This may have appeared to be an easy, natural
transition from the NSFNET to the NREN. However, commercial service
providers now in the market are fully prepared to offer the services
necessary to maintain the existing level of NSFNET service while the higher
speed NREN is being built.
In the early history of the Internet, organizations that needed
network access relied almost exclusively on connections offered by the
Federal sponsors of the Internet. At its birth, when it was known as
ARPANET, little was known about how to build large public data networks.
Federal research support played a critical role providing network access
and in the development of public networking technologies. Because early
Federal support was so successful, the Internet operating protocols have
been adopted as international standards and are used in data networks
across the country and around the world.
As current networking technology has stabilized, many private
sector sources -- including members of the CIX -- are now able to offer
Internet access as well. By offering low-cost connections and
individualized service, private network service providers have made
Internet access available to many who do not receive direct government
sponsorship. The NREN legislation lays out ambitious plans for development
of advanced networking technology, but private providers now have the
experience to offer standard Internet services. Therefore, active
government involvement in providing network access services can be ended.
Furthermore, given the problems already noted, any extension of the current
arrangements without a fully competitive selection process would be unwise.
B. Long Term: Find Ways to Phase Out the Current Backbone Structure After
November 1992
In the long-run, those agencies responsible for the continuation of
the current NSFNET services should seek alternatives to a
centrally-controlled backbone. When the upgraded NSFNET of the mid-1980s
was experiencing growing pains and performance degradation, building a high
speed backbone was a reasonable response on the part of the NSF. The data
transmission technology at the heart of the backbone10 was in experimental
stages; so, a government-funded backbone was appropriate to help develop
this technology. But now, five years later, the building blocks of the
backbone are available "off the shelf" and can easily be interconnected
without direct government intervention. Internet connectivity is now a
commodity service which can be purchased on the open market just like other
carriage services such as long distance telephone service, shipping, air
freight, or overnight mail.
Rather than making payments to backbone and regional network
providers, the NSF and any other government agencies that have
responsibility to connect institutions to the Internet should give the
subsidy directly to the target institution. The institution can then take
this money and purchase Internet connectivity from a variety of service
providers.
As in the long distance telephone market, or the rail service,
carriers will have to enter into cooperative agreements to be sure that an
Internet customer on one carrier's service can send and receive data from
customers on other services. Even with the backbone in existence, a
significant amount of inter-regional traffic bypasses the backbone as part of b
ilateral
arrangements between various regional networks. The Internet community has
a long established tradition of promoting interconnection, and developing
and adhering to international standards. So, there is every reason to
believe that this pattern of cooperation will continue.
C. Research Priorities
1. Direct support for development of advanced research network --
the gigabit network envisioned by the NREN
Funds allocated for work on advanced network engineering should be
targeted exclusively to the development of high-speed gigabit networking
technology. An important part of the NREN will be an experimental,
high-speed research network which is capable of sending data many times
faster than the current NSFNET. But this new research network should not
be confused with the existing "production" network now called the NSFNET.
Research dollars should be kept for research networks that will expand our
understanding of how to do high-speed networking, not for subsidizing
existing network services. Conversely, users who depend on the Internet
for routine work should not have the reliability of their services
compromised by the inevitable vagaries of a research network under
development. The research network should certainly be interconnected with
the production network, but their operation and funding should be kept as
separate as possible.
2. Stimulate applied development activities
In addition to basic network engineering that increases speed and
capacity, some research support should be directed to development of
applications that make network easier to use and access for end users.
Ease-of-use was not a major concern in the early days of the Internet,
since most users had technical backgrounds. But, if we are to meet the
goals of the HPCA which seek to make the Network available to a larger
class of non-technical researchers and students, efforts to make network
services more "user-friendly" are essential. Furthermore, the NREN is an
opportunity to create a variety of "test-bed" applications that will help
lead the way to more advanced uses of electronic networking. So in
addition to meeting the needs of today's users, research dollars should be
allocated with an eye to stimulating applications for the next generation
of networks.
D. Public Process is Essential
Much of the recent negative publicity surrounding the NSFNET has
come because important decisions about the network were made without
opportunity for public comment or input from commercial Internet providers.
The NSFNET is now managed with the help of a number of advisory boards,
such as the federal Network Advisory Committee. As the NSFNET and NREN
grow, they will be built with the participation of many more service
providers than are currently involved in the NSFNET. Therefore, it is
important that the NSF's advisory boards be expanded to reflect new market
conditions. With broader representation on these boards, the NSF will be
sure to receive the guidance it needs to make wise implementation
decisions.
IV. Conclusion
I want to thank the Committee for inviting me to appear on these
important matters at this critical moment in the development of the NREN.
I am optimistic that with Congressional leadership government agencies,
public institutions and the private sector can work together to realize the
highest goals of the NREN for the benefit of all.
For Further Information Please Contact:
Mitchell Kapor
President, Electronic Frontier Foundation
Chairman, Commercial Internet Exchange
155 Second Street
Cambridge, MA 02041
617-864-0665
mka...@eff.org
Jerry Berman
Washington Office Director
Electronic Frontier Foundation
666 Pennsylvania Ave, SE
Suite 303
Washington, DC 20003
202-544-9237
jber...@eff.org
1 High Performance Computing Act, Pub. L. No. 102-194, 105 Stat. 1594
(1991) ("HPCA"), Sec. 5(a)
2 See also, M. Kapor & J. Berman, "Building the Open Road: The NREN As
Test-Bed For The National Public Network," in Building Information
Infrastructure: Issues in the Development of the National Research and
Education Network, 1992 (B. Kahin, ed., McGraw-Hill)
3 HPCA, Sec. 5(e)
4 HPCA, Sec. 5(d)(2)
5 The NREN "would provide American researchers and educators with the
computer and information resources they need while demonstrating how
advanced computers, high-speed networks, and electronic data bases can
improve the national information infrastructure for use by all Americans."
HPCA, Sec 2(a)(6)
6 HPCA, Sec. 5(d)
7 HPCA, Sec. 5(d)(3)
8 T1 services have the capacity to transmit data at 1.544 megabits per
second.
9 T3 service carries 45 megabits of data per second.
10 T1 and later T3 services.
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