Hi Bob,
I am glad you brought this up.  For me raises the issue that there may be a
technical definition of network neutrality and maybe a more pragmatic
ecosystemic definition of network neutrality, or perhaps we need a new word
like network health (for the sake of argument).  I read a news article in
the Guardian this morning that I think illustrates the point.
Men-only clubs and menace: how the establishment maintains male power
https://www.theguardian.com/lifeandstyle/2018/jan/25/men-only-clubs-and-men…
The article profiles men-only private clubs in London where sexual
harassment has recently been the subject of an expose.  It's a good read.
   Following your argument, from a technical network neutrality perspective
the fact that these clubs are private is not a network neutrality violation
but the fact that they bar women from the club is.  Packets of the same
type should be treated the same.  Yet, there is a bigger problem that these
private clubs also entrench the power and influence of a small elite.  This
is also a problem.  Banning gendered discrimination in these clubs would
help but it would only go part of the way toward creating a healthier, more
egalitarian political and economic system.
Similarly if we just talk about technical network neutrality and don't
address issues like affordability then we might win the technical battle on
paper but lose the real goal of creating a world where everyone has access
to an Internet that allows them to connect with other human beings, to
access and to create digital resources in a manner that increases their
personal and collective agency without their reasonable expectations of
privacy being violated.  This is why I have long argued that lack of
affordable access to the Internet is the biggest network neutrality
violation of all.  It is also why zero-rating matters because, while it
addresses the affordability issue, it creates defaults that inhibit the
natural fitness landscape that should allow new and better apps/services to
evolve.
A few years ago I wrote a piece on Net Neutrality in Africa (
https://manypossibilities.net/2014/05/net-neutrality-in-africa/) that I
think is relevant to this discussion.
Regards... Steve
On 24 January 2018 at 20:32, <dc3(a)bob.ma> wrote:
 
https://www.theverge.com/2018/1/24/16927890/burger-king-net-neutrality-ad
 This is easier than trying on WhatsApp.
 Network neutrality is based on common carriage which was aimed at
 preventing perverse discrimination by carriers such as railroads so they
 wouldn’t check your bank account and charge you by how much you could
 afford. Instead they had to offer standard pricing. More to the point two
 boxes of a commodity product would have the same price so railroads
 wouldn’t set the prices based on the contents of the container or play
 other games.
 It doesn’t prevent levels of service like first and second class cars nor
 express trains. You can have frequent flyer programs and sell different
 classes of seats. You can sell a fast-burger. (Whether you should is a
 separate question – income inequality and all that). But you can’t charge
 two people different prices just because one is Asian and another African.
 It also meant that you can’t charge differently based on the kind of phone
 call though you could offer business vs. residential pricing. But you
 couldn’t force someone to pay the price for a business line even if you
 were using it for business.
 It makes sense to apply this to transport of commodity packets. If all the
 packets are the same they should be treated the same. In fact you wouldn’t
 even network neutrality policies if all the transport saw ere commodity
 packets because there wouldn’t be the means of differential pricing.
 The problem is we currently have entangled telecommunications policy with
 connectivity (AKA Internet) policy so the carriers to have “pipes” which
 maintain the relationships through the network and complex peering
 arrangements. The idea that a provides own cable content is example from
 caps when it’s in broadcast mode is just one example of a problem not well
 addressed by neutrality. We also have the problem of the claim that the
 Internet only works because of protocols like MPLS and other very smart
 protocols in the network. Another implicit problem with neutrality is
 taking into account the willingness to invest in facilities and capacity.
 This is why I wrote 
http://rmf.vc/ZeroRating because zero rating was a
 symptom of the problem and not the problem itself.
 So while I applaud neutrality as a principle we need to recognize it is a
 temporary principle and not a long term strategy.  For those not familiar
 with US history we used to have a concept called “separate-but-equal” for
 education so you can have separate schools for some (typically non-white).
 In about 1956 the US Supreme Court recognized that it was a terrible idea
 and banned separate schools. I compare NN with separate-but-equal pipes.
 The problem is having pipes at all, not whether they are equal.
 The solution is to completely separate the business of offering services
 from the business of providing infrastructure. And if we can no longer fund
 the infrastructure by selling services we need to pay for the
 infrastructure as such.
 Let’s not trivialize these issues with high production quality videos that
 miss the point.
 Bob Frankston
 
http://Frankston.com
 @BobFrankston
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