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+Network Working Group M. Kapor
+Request for Comments: 1259 Electronic Frontier Foundation
+ September 1991
+
+
+ Building The Open Road:
+ The NREN As Test-Bed For The National Public Network
+
+
+Status of this Memo
+
+ This memo provides information for the Internet community. It does
+ not specify an Internet standard. Distribution of this memo is
+ unlimited.
+
+Introduction
+
+ A debate has begun about the future of America's communications
+ infrastructure. At stake is the future of the 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
+ Internet.
+
+ The United States Congress is now taking a critical step toward what
+ I call the National Public Network, with its authorization of the
+ National Research and Education Network (NREN, pronounced "en-ren").
+ 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 broadband 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. Congress has indicated
+ its intention that the NREN
+
+ would provide American researchers and educators with the computer
+ and information resources they need, while demonstrating how
+ advanced computer, high speed networks, and electronic databases
+ can improve the national information infrastructure for use by all
+
+
+
+Kapor [Page 1]
+
+RFC 1259 Building The Open Road September 1991
+
+
+ Americans. (1)
+
+ As currently envisioned, the NREN
+
+ would connect more than one million people at more than one
+ thousand colleges, universities, laboratories, and hospitals
+ throughout the country, giving them access to computing power and
+ information -- resources unavailable anywhere today -- and making
+ possible the rapid proliferation of a truly nationwide, ubiquitous
+ network... (2)
+
+ The combined demand of these users would develop innovative new
+ services and further stimulate demand for existing network
+ applications. Library information services, for example, have
+ already grown dramatically on the NREN's predecessor, the Internet,
+ because the
+
+ enhanced connectivity permits scholars and researchers to
+ communicate in new and different ways.... Clearly, to be
+ successful, effective, and of use to the academic and research
+ communities, the NREN must be designed to nurture and accommodate
+ both the current as will as future yet unknown uses of valuable
+ information resources. (3)
+
+ So as the NREN implementation process progresses, it is vital that
+ the opportunities to stimulate innovative new information
+ technologies be kept in mind, along with the specific needs of the
+ mission agencies which will come to depend on the network.
+
+ Far from evolving into the whole of the National Public Network
+ itself, the NREN is best thought of as a prototype for the NPN, which
+ will emerge over time from the phone system, cable television, and
+ many computer networks. But the NREN is a growth site which, unlike
+ privately controlled systems, can be consciously shaped to meet
+ public needs. For a wide variety of services, some of which might
+ not be commercially viable at the outset, the NREN can
+
+ provide selective access that proves feasibility and leads to the
+ creation of a commercial infrastructure that can support universal
+ services.... If we fully focus on ...[current] goals and work our
+ way through a multitude of technical and operational issues in the
+ process, then the success of the NREN will fully support its
+ extension to broader uses in the years to follow. (4)
+
+ In order to function as an effective test-bed, one that promotes
+ broad access to a range of innovative, developing services, the NREN
+ must be built so that it is easy for developers to offer new kinds of
+ applications, and is accessible to a diversity of users. For
+
+
+
+Kapor [Page 2]
+
+RFC 1259 Building The Open Road September 1991
+
+
+ example, to encourage the development of creative, advanced library
+ services, it must be easy for libraries to open their data bases to
+ users all across the network. And if these library services are to
+ flourish through the NREN, then the services must be available to
+ researchers and students all over the country, through a variety of
+ channels. Though the NREN itself is intended to meet the
+ supercomputing and networking needs of the government-financed
+ research community, Congress has wisely recognized that it can also
+ function as a channel for delivery of a wide range of privately-
+ developed information services. To
+
+ encourage use of the Network by commercial information service
+ providers, where technically feasible, the Network shall have
+ accounting mechanisms which allow, where appropriate, users or
+ groups of users to be charged for their usage of copyrighted
+ materials over the Network. (5)
+
+ Congress can create an environment that stimulates information
+ entrepreneurship by mandating that the NREN rely on open technical
+ standards whose specifications are not controlled by any private
+ parties and which are freely available for all to use. Such non-
+ proprietary standards will ensure that different parts of the network
+ built and operated by independent parties, will all work together
+ properly. By employing widely-used, non-proprietary standards the
+ NREN will make it easy for new information providers to offer their
+ wares on the network. The market will snowball: as more services are
+ offered, more users will be attracted, who will increase overall
+ demand. The NREN will also be a test-bed for development and
+ experimentation with new networking standards that facilitate even
+ broader, more efficient interconnection than now possible on the
+ Internet. But throughout the stages of the NREN, all concerned
+ should be sure that these functionalities are fostered.
+
+ The NREN design and construction process is complex and will have
+ significant effects on future communications infrastructure design:
+
+ Building the NREN has frequently been described as akin to
+ building a house, with various layers of the network architecture
+ compared to parts of the house. In an expanded view of this
+ analogy, planning the NII [national information infrastructure] is
+ like designing a large, urban city.
+
+ The NREN is a big new subdivision on the edge of the metropolis,
+ reserved for researchers and educators. It is going to be built
+ first and is going to look lonely out there in the middle of the
+ pasture for a while. But the city will grow up around it in time,
+ and as construction proceeds, the misadventures encountered in the
+ NREN subdivision will not have to be repeated in others. And
+
+
+
+Kapor [Page 3]
+
+RFC 1259 Building The Open Road September 1991
+
+
+ there will be many house designs, not just those the NREN families
+ are comfortable with.... The lessons we learn today in building
+ the NREN will be used tomorrow in building the NII. (6)
+
+ The coming implementation and design of the NREN offers us a critical
+ opportunity to shape a small but important part of the National
+ Public Network.
+
+VISIONS
+
+ At its best, the National Public Network would be the source of
+ immense social benefits. As a means of increasing social
+ cohesiveness, while retaining the diversity that is an American
+ strength, the network could help revitalize this country's business
+ and culture. As Senator Gore has said, the new national network that
+ is emerging is one of the "smokestack industries of the information
+ age." (7) It will increase the amount of individual participation in
+ common enterprise and politics. It could also galvanize a new set of
+ relationships -- business and personal -- between Americans and the
+ rest of the world.
+
+ The names and particular visions of the emerging information
+ infrastructure vary from one observer to another. (8) Senator Gore
+ calls it the "National Information Superhighway." Prof. Michael
+ Dertouzos imagines a "National Information Infrastructure [which] ...
+ would be a common resource of computer-communications services, as
+ easy to use and as important as the telephone network, the electric
+ power grid, and the interstate highways." (9) I call it the National
+ Public Network (NPN), in recognition of the vital role information
+ technology has come to play in public life and all that it has to
+ offer, if designed with the public good in mind.
+
+ To what uses can we reasonably expect people to use a National Public
+ Network? We don't know. Indeed, we probably can't know -- the users
+ of the network will surprise us. That's exactly what happened in the
+ early days of the personal computer industry, when the first
+ spreadsheet program, VisiCalc, spurred sales of the Apple II
+ computer. Apple founders Steve Jobs and Steve Wozniak did not design
+ the spreadsheet; they did not even conceive of it. They created a
+ platform which allowed someone else to bring the spreadsheet into
+ being, and all the parties profited as a result, including the users.
+
+ Based on today's systems, however, we can make a few educated guesses
+ about the National Public Network. We know that, like the telephone,
+ it will serve both business and recreation needs, as well as offering
+ crucial community services. Messaging will be popular: time and time
+ again, from the ARPAnet to Prodigy, people have surprised network
+ planners with their eagerness to exchange mail. "Mail" will not just
+
+
+
+Kapor [Page 4]
+
+RFC 1259 Building The Open Road September 1991
+
+
+ mean voice and text, but also pictures and video -- no doubt with
+ many new variations. One might imagine two people poring over a
+ manuscript from opposite ends of the country, marking it up
+ simultaneously and seeing each others' markings appear on the screen.
+
+ We know from past demand on the Internet and commercial personal
+ computer networks that the network will be used for electronic
+ assembly -- virtual town halls, village greens, and coffee houses,
+ again taking place not just through shared text (as in today's
+ computer networks), but with multi-media transmissions, including
+ images, voice, and video. Unlike the telephone, this network will
+ also be a publications medium, distributing electronic newsletters,
+ video clips, and interpreted reports. (10)
+
+ We can speculate but cannot be sure about novel uses of the network.
+ An information marketplace will include electronic invoicing,
+ billing, listing, brokering, advertising, comparison-shopping, and
+ matchmaking of various kinds. "Video on demand" will not just mean
+ ordering current movies, as if they were spooling down from the local
+ videotape store, but opening floodgates to vast new amounts of
+ independent work, with high quality thanks to plummeting prices of
+ professional-quality desktop video editors. Customers will grow used
+ to dialing up two-minute demos of homemade videos before ordering the
+ full program and storing it on their own blank tape.
+
+ There will be other important uses of the network as a simulation
+ medium for experiences which are impossible to obtain in the mundane
+ world. If scientists want to explore the surface of a molecule,
+ they'll do it in simulated form, using wrap-around three-dimensional
+ animated graphics that create a convincing illusion of being in a
+ physical place. This visualization of objects from molecules to
+ galaxies is already becoming an extraordinarily powerful scientific
+ tool. Networks will amplify this power to the point that these
+ simulation tools take their place as fundamental scientific apparatus
+ alongside microscopes and telescopes. Less exotically, a consumer or
+ student might walk around the inside of a working internal combustion
+ engine -- without getting burned.
+
+ Perhaps the most significant change the National Public Network will
+ afford us is a new mode of building communities -- as the telephone,
+ radio, and television did. People often think of electronic
+ "communities" as far-flung communities of interest between followers
+ of a particular discipline. But we are learning, through examples
+ like the PEN system in Santa Monica and the Old Colorado City system
+ in Colorado Springs, that digital media can serve as a local nexus,
+ an evanescent meeting-ground, that adds levels of texture to
+ relationships between people in a particular locale. As Jerry Berman
+ of the ACLU Information Technology Project has said:
+
+
+
+Kapor [Page 5]
+
+RFC 1259 Building The Open Road September 1991
+
+
+ Computer and communications technologies are transforming speech
+ into electronic formats and shifting the locus of the marketplace
+ of ideas from traditional public places to the new electronic
+ public forums established over telephone, cable, and related
+ electronic communications networks. (11)
+
+
+ To both local and long-distance communities, accessible digital
+ communications will be increasingly important; by the end of this
+ decade, the "body politic," the "body social," and the "body
+ commercial" of this country will depend on a nervous system of
+ fiber-optic lines and computer switches.
+
+ But whatever details of the vision and names gives to the final
+ product, a network that is responsive to a wide spectrum of human
+ needs will not evolve by default. Just as it is necessary for an
+ architect to know how to make a home suitable for human habitation,
+ it is necessary to consider how humans will actually use the network
+ in order to design it.
+
+ In that spirit, I offer a set of recommendations for the evolution of
+ the National Public Network. I first encountered many of the
+ fundamental ideas underlying these proposals in the computer
+ networking community. Some of these recommendations address
+ immediate concerns; others are more long-term. There is a focus on
+ the role of public access and commercial experiments in the NREN,
+ which complement its research and education mission. The
+ recommendations are organized here according to the main needs which
+ they will serve: first ensuring that the design and use of the
+ network remains open to diversity, second, safeguarding the freedom
+ of users. The ultimate goal is to develop a habitable, usable and
+ sustainable system -- a nation of electronic neighborhoods that
+ people will feel comfortable living within.
+
+I. Encourage Competition Among Carriers
+
+ In the context of the NREN, act now to create a level and competitive
+ playing field for private network carriers, (whether for-profit or
+ not-for-profit) to compete. Do not give a monopoly to any carrier.
+ The growing network must be a site where competitive energy produces
+ innovation for the public benefit, not the refuge of monopolists.
+
+ The post-divestiture phone system offers us a valuable lesson: a
+ telecommunications network can be managed effectively by separate
+ companies -- even including bitter opponents like AT&T and MCI -- as
+ long as they can connect equitably and seamlessly from the user's
+ standpoint. The deregulated telecommunications system may not work
+ perfectly and may produce too much litigation, but it does work. We
+
+
+
+Kapor [Page 6]
+
+RFC 1259 Building The Open Road September 1991
+
+
+ should never go back to any monopoly arrangement like the pre-
+ divestiture AT&T which held back market-driven innovation in
+ telecommunications for half a century. Given the interconnection
+ technology now available, we should never again have to accept the
+ argument that we have to sacrifice interoperability for efficiency,
+ reliability, or easy-of-use.
+
+ Similarly, the NREN, and later the National Public Network, must be
+ allowed to grow without being dominated by any single company.
+ Contracting requirements in the current legislation advance this
+ goal.
+
+ The Network shall be established 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. (12)
+
+ Absent a truly competitive environment, a dominant carrier might use
+ its privileged access to stifle competitors unfairly: "Use our local
+ service to connect to our undersea international links, without the
+ $3 surcharge we tack on for other carriers." The greatest danger is
+ "balkanization" -- in which the net is broken up into islands, each
+ developing separately, without enough interconnecting bridges to
+ satisfy users' desires for universal connectivity. Strong
+ interoperability requirements and adherence to standards must be
+ built into the design of the NREN from the outset. (13)
+
+ After 1992, private companies will manage an ever-greater share of
+ the NREN cables and switches. The NSF should use both carrot and
+ stick to encourage as much interconnection as possible. For example,
+ the NSF could make funding to NREN backbone carriers contingent on
+ participation in an internetwork exchange agreement that would serve
+ as a framework for a standards-based environment. As the NREN is
+ implemented, some formal affirmation of fair access is needed --
+ ideally by an "Internet Exchange Association" formed to settle common
+ rules and standards. (Their efforts, if strong enough, could
+ forestall a costly, wasteful crazy-quilt of new regulations from the
+ FCC and 50 State Public Utilities Commissions.) This association
+ should decide upon a "basket" of standard services -- including
+ messaging, directories, international connections, access to
+ information providers, billing, and probably more -- that are
+ guaranteed for universal interconnection. The Commercial Internet
+ Exchange (CIX) formed in 1991 by three commercial inter-networking
+ carriers represents a substantive, initial move in this direction.
+
+
+
+
+
+
+
+Kapor [Page 7]
+
+RFC 1259 Building The Open Road September 1991
+
+
+II. Create an Open Platform for Innovation
+
+ Encourage information entrepreneurship through an open architecture
+ (non-proprietary) platform, with low barriers to entry for
+ information providers.
+
+ The most valuable contribution of the computer industry in the past
+ generation is not a machine, but an idea -- the principle of open
+ architecture. Typically, a hardware company (an Apple or IBM, for
+ instance) neither designs its own applications software nor requires
+ licenses of its application vendors. Both practices were the norm in
+ the mainframe era of computing. Instead, in the personal computer
+ market, the hardware company creates a "platform" -- a common set of
+ specifications, published openly so that other, often smaller,
+ independent firms can develop their own products (like the
+ spreadsheet program) to work with it. In this way, the host company
+ takes advantage of the smaller companies' ingenuity and creativity.
+
+ Even interfaces rigidly controlled by a single manufacturer, like the
+ Macintosh, embrace the platform concept. Two years ago, when Apple
+ began planning the System 7 release of its Macintosh operating
+ system, one of its first steps was to invite comment from software
+ companies like Macromind, Aldus, Silicon Beach, and T/Maker. In
+ substantive, sometimes very argumentative sessions, Apple revealed
+ the capabilities it planned to these independents, who knew their
+ customers and needs much better than Apple. One multi-media company,
+ after arguing that Apple should take a different technical turn,
+ actually found itself doing the work in a joint project. The most
+ useful job of Apple's famous "evangelists" is not selling the Mac
+ specs, but listening to outsiders, and helping Apple itself stay
+ flexible enough to work with independent innovators effectively.
+
+ In the design of the NREN, information entrepreneurship can best be
+ promoted by building with open standards, and by making the network
+ attractive to as many service providers and developers as possible.
+ The standards adopted must meet the needs of a broad range of users,
+ not just narrow needs of the mission agencies that are responsible
+ for overseeing the early stages of the NREN. Positive efforts should
+ be made to encourage the development of experimental commercial
+ services of all kinds without requiring the negotiation of any
+ bureaucratic procedures.
+
+ In the early stages of development of an industry, low barriers to
+ entry stimulate competition. They enable a very large initial set of
+ products for consumers to choose from. Out of these the market will
+ learn to ignore almost all in order to standardize on a few, such as
+ a Lotus 1-2-3. The winners will be widely emulated in the next
+ generation of products, which will in turn generate a more refined
+
+
+
+Kapor [Page 8]
+
+RFC 1259 Building The Open Road September 1991
+
+
+ form of marketplace feedback. In this fashion, early chaos evolves
+ quickly a set of high-demand products and product categories.
+
+ This process of market-mediated innovation is best catalyzed by
+ creating an environment in which it is inexpensive and easy for
+ entrepreneurs to develop products. The greater the number of
+ independent enterprises, each of which puts at voluntary risk the
+ intellectual and economic capital of risk-takers, is the best way to
+ find out what the market really wants. The businesses which succeed
+ in this are the ones which will prosper.
+
+ It is worthwhile to note that not a single major PC software company
+ today dates from the mainframe era. Yesterday's garage shop is
+ today's billion-dollar enterprise. Policies for the NPN should
+ therefore not only accommodate existing information industry
+ interests, but anticipate and promote the next generate of
+ entrepreneurs.
+
+ The diverse needs of these many users will create demand for
+ thousands of information proprietors on the net, just as there are
+ thousands of producers of personal computer software today and
+ thousands of publishers of books and magazines. It should be as easy
+ to provide an information service as to order a business telephone.
+ Large and small information providers will probably coexist as they
+ do in book publishing, where the players range from multi-billion-
+ dollar international conglomerates to firms whose head office is a
+ kitchen table. They can coexist because everyone has access to
+ production and distribution facilities -- printing presses,
+ typography, and the U.S. mails and delivery services -- on a non-
+ discriminatory basis. In fact, the sub-commercial print publications
+ are an ecological breeding ground, through which mainstream authors
+ and editors rise. No one can guarantee when an application as useful
+ as the spreadsheet will emerge for the NPN (as it did for personal
+ computers), but open architecture is the best way for it to happen
+ and let it spread when it does.
+
+ The PC revolution was brought about without direct public support.
+ Entrepreneurs risked their investors' capital for the sake of
+ opportunity. Some succeeded, but many others lost their entire
+ investment. This is the way of the marketplace. We should take a
+ much more cautious attitude about the commitment of public monies.
+ In the absence of proven demand for new applications, government
+ should not be spending billions of dollars on the creation of
+ broadband networks. Neither should telephone companies be allowed to
+ pass on the costs of the NPN in a way which would raise the rates for
+ ordinary voice telephone service.
+
+ Instead, we should position the NREN to show there is a market for
+
+
+
+Kapor [Page 9]
+
+RFC 1259 Building The Open Road September 1991
+
+
+ network applications. The commercial experiments just beginning on
+ the Internet provides one source of innovation. Deployment of a
+ national ISDN platform in the next few years represents another
+ relatively inexpensive seed bed. As such experiments demonstrate
+ more of a proven demand for public network services, it should be
+ possible for the private sector to make the investments to build the
+ broadband NPN using experience from the NREN.
+
+ At the same time as the NREN is being debated and developed,
+ telephone companies continue to push at the limits imposed on them by
+ the "Modification of Final Judgment" (MFJ) of divestiture, the 1982
+ anti-trust agreement which split up the Bell system. (14) Under
+ pressure from the D.C. Court of Appeals, Judge Greene recently lifted
+ the information services restrictions on the BOCs -- despite the
+ competitive tension between the telephone companies, cable TV
+ carriers, and newspapers. Thus, in the next year or so, Congress may
+ well be forced to define a new set of rules for regulated
+ telecommunications. (15) Like the AT&T divestiture decision, this
+ would represent a fundamental shift in national policy with enormous
+ and unpredictable consequences.
+
+ Many consumer and industry groups are concerned that as the MFJ
+ restrictions are lifted, the RBOCs will come to dominate the design
+ of the emerging National Public Network, shaping it more to
+ accommodate their business goals than the public interest. The
+ Communications Policy Forum, a coalition of public interest and
+ industry groups, has recently begun to consider what kinds of
+ safeguards will be needed to maintain a competitive information
+ services market that allows RBOC participation. The role that the
+ RBOCs come to play in the nation's telecommunications infrastructure
+ is, of course, an issue that must be carefully considered on its own.
+ But in this context, the NREN represents a critical opportunity to
+ create a model for what a public network has to offer, free from
+ commercial pressures.
+
+ With all of the uncertainty that surrounds the RBOCs entry into the
+ information services market, we should use the NREN to learn how to
+ develop a network environment where competitive entry is easy enough
+ that the RBOCs opportunity to engage in anti-competitive behavior
+ would be minimized. There is evidence that the RBOCs are resisting
+ attempts to transform the public telephone system into a truly open
+ public network (16) notwithstanding the FCCs stated intention do
+ implement Open Network Architecture. (17) But since the NREN
+ standards and procedures can be designed away from the dominance of
+ the RBOCs, a fully open network design is within reach. In this
+ sense the NREN can be a test-bed for "safeguards" against market
+ abuse just as it is a test ground for new technical standards and
+ innovative network applications.
+
+
+
+Kapor [Page 10]
+
+RFC 1259 Building The Open Road September 1991
+
+
+ An open platform network model carrier from the NREN to the National
+ Public Network would actually make some MFJ restrictions less
+ necessary. Phone companies were originally prohibited from being
+ information providers because their bottleneck control over the local
+ exchange hubs gives them an unfair advantage. But on a network in
+ which the local switch is open to information providers -- because
+ the platform itself is so rich and well-designed -- creativity and
+ quality triumph over monopoly power. Instead of restricting
+ information providers, the National Public Network developers should
+ encourage the entry of as many new parties as possible. Just as
+ personal computer companies started in garages and attics, so will
+ tomorrow's information entrepreneurs, if we give them a chance.
+ Their prototypes today, small computer networks, electronic
+ newsletters, and chat lines, are among the most vibrant and
+ imaginative "publishers" in the world.
+
+III. Encourage Pricing for Universal Access
+
+ Everyone agrees in the abstract with universal service -- the idea
+ that any individual who wishes should be able to connect to a
+ National Public Network. But that's only a platitude unless
+ accompanied by an inclusive pricing plan.
+
+ The importance of extending universal access to information and
+ communication resources has been widely recognized:
+
+ In light of the possibilities for new service offerings by the
+ 21st century, as well as the growing importance of
+ telecommunications and information services to US economic and
+ social development, limiting our concept of universal service to
+ the narrow provision of basic voice telephone service no longer
+ services the public interest. Added to universal basic telephone
+ service should be the broader concept of universal opportunity to
+ access these new technologies and applications. (18)
+
+ The problem of disparate access to information resources has been
+ recognized in other telecommunications arenas as well. Congressman
+ Edward Markey (D-Mass.), Chairman of the Subcommittee of
+ Telecommunications and Finance of the House Energy and Commerce
+ Committee warns that:
+
+ [i]nformation services are beginning to proliferate. The
+ challenge before us is how to make them available swiftly to the
+ largest number of Americans at costs which don't divide the
+ society into information haves and havenots and in a manner which
+ does not compromise our adherence to the long-cherished principles
+ of diversity, competition and common carriage. (19)
+
+
+
+
+Kapor [Page 11]
+
+RFC 1259 Building The Open Road September 1991
+
+
+ To address this problem in the long-term, there is legislation now
+ pending which would broaden the guarantee of universal phone service
+ to universal access to advanced telecommunications services. Senator
+ Burns has proposed that the universal service guarantee statement in
+ the Communications Act of 1934 should be amended to include access to
+
+ a nation-wide, advanced, interactive, interoperable, broadband
+ communications system available to all people, businesses,
+ services, organizations, and households..." (20)
+
+ In the near term, the NREN can serve as a laboratory for testing a
+ variety of pricing and access schemes in order to determine how best
+ to bring basic network services to large numbers of users. The NREN
+ platform should facilitate the offering of fee-based services for
+ individuals.
+
+ Cable TV is one good model: joining a service requires an investment
+ of $100 for a TV set, which 99% of households already own, about $50
+ for a cable hookup, and perhaps $15 per month in basic service.
+ Anything beyond that, like premium movie channels or pay-per-events
+ is available at extra cost. Similarly, a carrier providing connection
+ to the mature National Public Network might charge a one-time startup
+ fee and then a low fixed monthly rate for access to basic services,
+ which would include a voice telephone capability.
+
+ Because regulators are concerned about any telephone service that
+ might cause the price of basic voice service to rise, they are
+ unwilling to approve new services which don't immediately recover
+ their own costs. They are concerned that any deficit will be passed
+ on to consumers in the form of higher charges for standard services.
+ As a result, telephone companies tend to be very conservative in
+ estimating the demand for new services. Prices for new services turn
+ out to be much higher than what would be required for universal
+ digital service. This is a kind of catch-22, in which lower prices
+ won't be set until demand goes up, but demand will never go up if
+ prices aren't low enough.
+
+ Open architecture could help phone companies offer lower rates for
+ digital services. If opportunities and incentives exist for
+ information entrepreneurs, they will create the services which will
+ stimulate demand, increase volume, and create more revenue-generating
+ traffic for the carriers. In a competitive market, with higher
+ volumes, lower prices follow.
+
+
+
+
+
+
+
+
+Kapor [Page 12]
+
+RFC 1259 Building The Open Road September 1991
+
+
+IV. Make the Network Simple to Use
+
+ The ideal means of accessing the NPN will not be a personal computer
+ as we know it today, but a much simpler, streamlined information
+ appliance - a hybrid of the telephone and the computer.
+
+ "Transparency" is the Holy Grail of software designers. When a
+ program is perfectly transparent, people forget about the fact that
+ they are using a computer. The mechanics of the program no longer
+ intrude on their thoughts. The most successful computer programs are
+ nearly always transparent: a spreadsheet, for instance, is as self-
+ evident as a ledger page. Once users grasp a few concepts (like rows,
+ cells, and formula relationships), they can say to themselves,
+ "What's in cell A-6?" without feeling that they are using an alien
+ language.
+
+ Personal computer communications, by contrast, are practically
+ opaque. Users must be aware of baud rates, parity, duplex, and file
+ transfer protocols -- all of which a reasonably well-designed network
+ could handle for them. It's as if, every time you wanted to drive to
+ the store, you had to open up the hood and adjust the sparkplugs. On
+ most Internet systems, it's even worse; newcomers find themselves
+ confronting what John Perry Barlow calls a "savage user interface."
+ Messages bounce, conferencing commands are confusing, headers look
+ like gibberish, none of it is documented, and nobody seems to care.
+ The excitement about being part of an extended community quickly
+ vanishes. On a National Public Network, this invites failure. People
+ without the time to invest in learning arcane commands would simply
+ not participate. The network would become needlessly exclusionary.
+
+ Part of the NREN goal of "expand[ing] the number of researchers,
+ educators, and students with ... access to high performance computing
+ resources" (21) is to make all network applications easy-to-use. As
+ the experience of the personal computer industry has shown, the only
+ way to bring information resources to large numbers of people is with
+ simple, easy-to-learn tools. The NREN can be a place where various
+ approaches to user-friendly networks are tested and evaluated.
+
+ Technically trained people are not troglodytes; they approve of
+ human-oriented design, even as they manage to use the network today
+ without it. For years, leaders within the Internet community have
+ been taking steps to improve ease of use on the network. But the
+ training of the technical community as a whole has given them little
+ practice making their digital artifacts appropriate for non-technical
+ consumption. Nor are they often rewarded for doing so. To a phone
+ company engineer designing a new high-speed telephone switch, or to a
+ computer scientist pushing the limits of a data compression
+ algorithm, the notion of making electronic mail as simple as fax
+
+
+
+Kapor [Page 13]
+
+RFC 1259 Building The Open Road September 1991
+
+
+ machine may make sense, but it also feels like someone else's job.
+ Being technically minded themselves, they feel comfortable with the
+ specialized software they use and seldom empathize with the neophyte.
+ The result is a proliferation of arcane, clumsy tools in both
+ hardware and software, defended by the cognoscenti: "I use the "vi"
+ editor all the time -- why would anyone have trouble with it?"
+
+ If we have the vision and commitment to try this, the transformation
+ of the network frontier from wilderness to civilization need not
+ display the brutality of 19th century imperialism. As commercial
+ opportunities to offer applications and services develop,
+ entrepreneurs will discover that ease of use sells. The normal,
+ sometimes slow, play of competitive markets should cause industry to
+ commit the resources to serve the market by making access more
+ transparent. But at the start transparency will need deliberate
+ encouragement -- if only to overcome the inertia of old habits.
+
+V. Develop Standards of Information Presentation
+
+ The National Public Network will need an integrated suite of high-
+ level standards for the exchange of richly formatted and structured
+ information, whether as text, graphics, sound, or moving images. Use
+ the NREN as a test-bed for a variety of information presentation and
+ exchange standards on the road towards an internationally-accepted
+ set of standards for the National Public Network.
+
+ Standards -- the internal language of networks -- are arranged in a
+ series of layers. The lower levels detail how the networks'
+ subterranean "wiring" and "plumbing" is managed. Well-developed sets
+ of lower-level standards such as TCP/IP are in wide use and continue
+ to be refined and extended, but these alone are not sufficient. The
+ uppermost layers contain specifications such as how text appears on
+ the screen and the components of which documents are composed. These
+ are the kinds of concerns which are directly relevant to users who
+ wish to communicate. Recently independent efforts to develop high-
+ level standards for document formats have begun, but these projects
+ are not yet being integrated into computer networks.
+
+ Today, for example, the only common standard for computer text is the
+ American Standard Code for Information Interchange (ASCII). But
+ ASCII is inadequate; it ignores fonts, type styles (like boldface and
+ italics), footnotes, headers, and other formats which people
+ regularly use. Each word processing program codes these formats
+ differently, and there is still no intermediary language that can
+ accommodate all of them. The National Public Network will need such a
+ language to transcend the visual poverty and monotony of today's
+ telecommunicated information. It will also need additional standards
+ beyond what have been developed for message addresses and headers, a
+
+
+
+Kapor [Page 14]
+
+RFC 1259 Building The Open Road September 1991
+
+
+ common set of directories (the equivalent of the familiar white pages
+ and yellow pages directories), common specifications for coding and
+ decoding images, and standards for other major services.
+
+ Congress has provided that the National Institute of Standards and
+ Technology
+
+ shall adopt standards and guidelines ... for the interoperability
+ of high-performance computers in networks and for common user
+ interfaces to systems. (22)
+
+ As the implementation of the NREN moves forward, we must ensure that
+ standards development remains both a public and private priority.
+ Failure to make a commitment to an environment with robust standards
+ would be "the beginning of a Tower of Babel that we can ill afford."
+ (23) Since current standards are so inadequate to the demands of
+ users:
+
+ We ... need to endow the NII [National Information Infrastructure]
+ with a set of widely understood common communication conventions.
+ Moreover, these conventions should be based on concepts that make
+ life easier for us humans, rather than for our computer servants.
+ (24) The development of standards is vital, not just because it
+ helps ensure an open platform for information providers; it also
+ makes the network easier to use.
+
+VI. Promote First Amendment Free Expression by
+ Affirming the Principles of Common Carriage
+
+ In a society which relies more and more on electronic communications
+ media as its primary conduit for expression, full support for First
+ Amendment values requires extension of the common carrier principle
+ to all of these new media.
+
+ Common carriers are companies which provide conduit services for the
+ general public. They include railroads, trucking companies, and
+ airlines as well as telecommunications firms. A communications
+ common carrier, such as a telephone company is required to provide
+ its services on a non-discriminatory basis. It has no liability for
+ the content of any transmission. A telephone company does not concern
+ itself with the content of a phone call. Neither can it arbitrarily
+ deny service to anyone. (25) The common carrier's duties have
+ evolved over hundreds of years in the common law and later statutory
+ provisions. The rules governing their conduct can be roughly
+ distilled in a few basic principles. (26) Common carriers have a
+ duty to:
+
+ o provide services in a non-discriminatory manner at a fair
+
+
+
+Kapor [Page 15]
+
+RFC 1259 Building The Open Road September 1991
+
+
+ price
+ o interconnect with other carriers
+ o provide adequate services
+
+ The carriers of the NREN and the National Public Network, whether
+ telephone companies, cable television companies, or other firms
+ should be treated in a similar fashion. (27)
+
+ Unlike many other countries, our communications infrastructure is
+ owned by private corporations instead of by the government. Given
+ Congress' plan to build the NREN with services from privately-owned
+ carriers, a legislatively-imposed duty of common carriage is
+ necessary to protect free expression effectively. As Professor Eli
+ Noam, a former New York State Public Utility Commissioner, explains:
+
+ [C]ommon carriage is the practical analog to [the] First Amendment
+ for electronic speech over privately-owned networks, where the
+ First Amendment does not necessarily govern directly. (28)
+
+ To foster free expression and move the national communications
+ infrastructure toward a full common carrier regime, all NREN carriers
+ should be subject to common carriage obligations. Given that the
+ NREN is designed to promote the development of science, ensuring free
+ expression is especially important. As on academic said:
+
+ I share with many researchers strong belief that much of the power
+ of science (whether practiced by scientists, engineers, or
+ clinical researchers) derives from the steadfast commitment to
+ free and unfettered communication of information and knowledge.
+ (29)
+
+ A telecommunications providers under a common carrier obligation
+ would have to carry any legal message regardless of its content
+ whether it is voice, data, images, or sound. For example, if full
+ common carrier protections were in place for all of the conduit
+ services offered by the phone company, the terminations of
+ "controversial" 900 services such as political fundraising would not
+ be allowed, just as the phone company is now prohibited by the
+ Communications Act from discriminating in the provision of basic
+ telephone services. (30) Neither BOCs not IXCs would be allowed to
+ terminate service because of anticipated harm to their "corporate
+ image." Though providers of 900 information services did have their
+ freedom of expression abridged by the BOC/IXC action, First Amendment
+ protection was not available to them because there was no state
+ action underlying the termination.
+
+ As important as common carriage is to the NPN, it is equally
+ important that it be implemented in such a way as to avoid sinking
+
+
+
+Kapor [Page 16]
+
+RFC 1259 Building The Open Road September 1991
+
+
+ the carriers of these new networks into the same regulatory gridlock
+ that characterizes much of telecommunications regulation. (31) This
+ would have a crippling effect of the pace of innovation and is to be
+ avoided. The controlled environment of the NREN should be taken
+ advantage of to experiment with various open access, common carriage
+ rules and enforcement mechanisms to seek regulatory alternatives
+ other than what has evolved in the public telephone system
+
+ Along with promoting free expression, common carriage rules are
+ important for ensuring a competitive market in information services
+ on the National Public Network. Our society supports the publication
+ of many thousands of periodicals and fifty thousand of new books a
+ year as well as countless brochures, mailings, and other printed
+ communications. Historically, the expense of producing
+ professional-quality video programming has been a barrier to the
+ creation of similar diversity in video. Now the same advances in
+ computing which created desktop publishing are delivering "desktop
+ video" which will make it affordable for the smallest business,
+ agency, or group to create video consumables. The NPN must
+ incorporate a distribution system of individual choice for the video
+ explosion.
+
+ If the cable company wants to offer a package of program channels, it
+ should be free to do so. But so should anyone else. There will
+ continue to be major demand for mass market video entertainment, but
+ the vision of the NPN should not be limited to this form of content.
+ Anyone who wishes to offer services to the public should be
+ guaranteed access over the same fiber optic cable under the principle
+ of common carriage. From this access will come the entrepreneurial
+ innovation, and this innovation will create the new forms of media
+ that exploit the interactive, multimedia capabilities of the NPN.
+
+VII. Protect Personal Privacy
+
+ The infrastructure of the NPN should include mechanisms that support
+ the privacy of information and communication. Building the NREN is
+ an opportunity to test various data encryption schemes and study
+ their effectiveness for a variety of communications needs.
+
+ Technologies have been developed over the past 20 years which allow
+ people to safeguard their own privacy. One tool is public-key
+ encryption, in which an "encoding" key is published freely, while the
+ "decoder" is kept secret. People who wish to receive encrypted
+ information give out their public key, which senders use to encrypt
+ messages. Only the possessor of the private key has the ability to
+ decipher the meaning.
+
+ The privacy of telephone conversations and electronic mail is already
+
+
+
+Kapor [Page 17]
+
+RFC 1259 Building The Open Road September 1991
+
+
+ protected by the Electronic Communications Privacy Act. (32) Without
+ a valid court order, for example, wiretaps of phone conversations are
+ illegal and private messages are inadmissible in court. Legal
+ guarantees are not enough, however. Although it is technically
+ illegal to listen in on cellular telephone conversations, as a
+ practical matter the law is unenforceable. Imported scanners capable
+ of receiving all 850 cellular channels are widely available through
+ the gray market.
+
+ Cellular telephone transmissions are carried on radio waves which
+ travel through the open air. The ECPA provision which makes it
+ illegal to eavesdrop on a cellular call is the wrong means to the
+ right end. It sets a dangerous precedent in which, for the first
+ time, citizens are denied the right to listen to open air
+ transmissions. In this case, technology provides a better solution.
+ Privacy protection would be greatly enhanced if public-key encryption
+ technology were built into the entire range of digital devices, from
+ telephones to computers. (33) The best way to secure the privacy and
+ confidentiality Americans say they want is through a combination of
+ legal and technical methods.
+
+ As a system over which not only information but also money will be
+ transferred, the National Public Network will have enormous potential
+ for privacy abuse. Some of the dangers could be forestalled now by
+ building in provisions for security from the beginning.
+
+Conclusion
+
+ The chance to influence the shape of a new medium usually arrives
+ when it is too late: when the medium is frozen in place. Today,
+ because of the gradual evolution of the National Public Network, and
+ the unusual awareness people have of its possibilities, there is a
+ rare opportunity to shape this new medium in the public interest,
+ without sacrificing diversity or financial return. As with personal
+ computers, the public interest is also the route to maximum
+ profitability for nearly all participants in the long run.
+
+ The major obstacle is obscurity: technical telecommunications issues
+ are so complex that people don't realize their importance to human
+ and political relationships. But be this as it may, these issues are
+ of paramount importance to the future of this society. Decisions and
+ plans for the NPN are too crucial to be left to special interests.
+ If we act now to be inclusive rather than exclusive in the design of
+ the NPN we can create an open and free electronic community in
+ America. To fail to do so, and to lose this opportunity, would be
+ tragic.
+
+
+
+
+
+Kapor [Page 18]
+
+RFC 1259 Building The Open Road September 1991
+
+
+End Notes
+
+ 1. High Performance Computing and Communications Act of 1991, H.R
+ 656, S.272 section 2(6).
+
+ 2. High-Performance Computing And Communications Act of 1991:
+ Hearing before the Subcommittee on Science, Technology, and Space of
+ the Senate Comm. on Commerce, Science, and Transportation, 102nd
+ Cong., 1st Sess. 1 (1991)(Opening Statement by Senator
+ Gore)(hereinafter 1991 Senate NREN Hearing).
+
+ 3. 1991 Senate NREN Hearing 101, 103 (Statement of the Association
+ of Research Libraries).
+
+ 4. 1991 Senate NREN Hearing 99 (Statement of Dr. Kenneth M. King,
+ President, EDUCOM).
+
+ 5. S.272 (Commerce-Energy compromise) section 102(e)
+
+ 6. Michael M. Roberts, Positioning the National Research and
+ Education Network. EDUCOM Magazine 13 (Summer 1991).
+
+ 7. 1991 Senate NREN Hearing 1 (Opening statement of Sen. Gore).
+
+ 8. Details of the visions vary in their content and expression.
+ Senator Gore's bill mandates that federal agencies will serve as
+ information providers, side by side with commercial services, making
+ (for instance) government-created information available to the public
+ over the network. Individuals will gain "access to supercomputers,
+ computer data bases, other research facilities, and libraries." (Gore
+ imagines junior high school students dialing in to the Library of
+ Congress to look up facts for a term paper.) Apple CEO John Sculley
+ has predicted that "knowledge navigators" will use personal computers
+ to travel through realms of virtual information via public digital
+ networks.
+
+ Such visions are powerful, but they sometimes seem too much like
+ sales tools; too vague and overconfident to set direction for
+ research. People often infer from the Apple's "knowledge navigator"
+ videotape, for instance, that human-equivalent computer speech
+ recognition is just around the corner; but in truth, it still
+ requires fundamental research breakthroughs. Network users will still
+ need keyboards or pointing devices for many years. Nor will the
+ network be able (as some have suggested) to translate automatically
+ between languages. (It will allow translators to work more
+ effectively, posting their work online.)
+
+ 9. M. Dertouzos, Building the Information Marketplace, Technology
+
+
+
+Kapor [Page 19]
+
+RFC 1259 Building The Open Road September 1991
+
+
+ Review 29, 30 (January 1991).
+
+ 10. See FCC Hearing on "Networks of the Future" (Testimony of M.
+ Kapor)(May 1, 1991).
+
+ 11. J. Berman, Democratizing the Electronic Frontier, Keynote
+ Address, Third Annual Hawaii Information Network and Technology
+ Symposium, June 5, 1991.
+
+ 12. S.272, section 5(d). This section continues: "(1) to the maximum
+ extent possible, operating facilities need for the Network should be
+ procured on a competitive basis from private industry; (2) Federal
+ agencies shall promote research and development leading to deployment
+ of commercial data communications and telecommunications standards;
+ and (3) the Network shall be phased into commercial operation as
+ commercial networks can meet the needs of American researchers and
+ educators."
+
+ 13. The distinction between strong support for interoperability and
+ something less is illustrated in the NREN compromise debate occurring
+ as this paper is being written. The bill from the Senate Commerce
+ Committee (S.272) calls for "interoperability among computer
+ networks," section 701(a)(6)(A), while the compromise currently being
+ discussed with the Energy Committee adopts a more watered down goal
+ of "software availability, productivity, capability, portability."
+ section 701(a)(3)(B).
+
+ 14. 552 F.Supp 151 (D.D.C. 1982)(Greene, J.). The MFJ restrictions
+ barred the BOCs from providing long distance services, from
+ manufacturing telephone equipment, and from providing information
+ services.
+
+ 15. The Senate, under the leadership of Sen. Hollings, has just
+ recently voted to lift the manufacturing restrictions against the
+ BOCs contained in the MFJ.
+
+ 16. In The Matter of Advanced Intelligent Network, Petition for
+ Investigation, filed by Coalition of Open Network Architecture
+ Parties (November 16, 1990).
+
+ 17. Amendment of Sections 64.702 of the Commission's Rules and
+ Regulations, 104 FCC 2d 958 (COMPUTER III), vacated sub nom,
+ California v. FCC (9th Cir. 1990).
+
+ 18. NTIA Telecomm 2000 at 79.
+
+ 19. Committee on Energy and Commerce, Subcommittee on
+ Telecommunications and Finance, Hearings on Modified Final Judgment,
+
+
+
+Kapor [Page 20]
+
+RFC 1259 Building The Open Road September 1991
+
+
+ 101st Cong., 1st Sess., 1-2 (May 4, 1989).
+
+ 20. Communications Competitiveness and Infrastructure Modernization
+ Act of 1991, S. 1200, Title I, Amending Communications Act section 1,
+ 47 USC 151.
+
+ 21. S.272, section 2(b)(1)(B).
+
+ 22. S.272 Commerce-Energy Compromise section 203(a).
+
+ 23. 1991 Senate NREN Hearing at 32 (Statement of Hon. D. Allan
+ Bromley, Director, Office of Science and Technology Policy).
+
+ 24. M. Dertouzos at 31.
+
+ 25. See 47 USC section 201.
+
+ 26. See ACLU Information Technology Project, Report to the American
+ Civil Liberties Board from the Communications Media Committee to
+ Accompany Proposed Policy Relating To Civil Liberties Goals and
+ Requirements of the United States Communications Media
+ Infrastructure. (Draft, July 15, 1991) [hereinafter, ACLU Report].
+ "Non-discriminatory access to new communications systems must be
+ guaranteed not simply because it is the economically efficient thing
+ to do, but more importantly because it is the only way to ensure that
+ freedom of expression is preserved in the Information Age."
+
+ 27. Though common carriage principles have historically been applied
+ to telephone and telegraph systems, the preservation of First
+ Amendment values of free expression and free press was not the
+ motivating factor. Professor de Sola Pool notes that telephone and
+ telegraph systems inherited their common carrier obligations not so
+ much out of First Amendment concerns, but in order to promote
+ commerce. The more appropriate model to look to in extending First
+ Amendment values to new communications technologies is the mails. As
+ reflected in the post clause, empowering Congress to "establish post
+ offices and post roads," the Constitutional drafters felt that
+ creation of a robust postal system was vital in order to ensure free
+ expression and healthy political debate. As Sen. John Calhoun said
+ in 1817:
+
+ Let us conquer space. It is thus that . . . a citizen of the West
+ will read the news of Boston still moist from the press. The mail
+ and the press are the nerves of the body politic.
+
+ Non-discriminatory access to the mails has been secured by the
+ Supreme Court as a vital extension of First Amendment expression. In
+ a dissent which is now reflective of current law, Justice Holmes
+
+
+
+Kapor [Page 21]
+
+RFC 1259 Building The Open Road September 1991
+
+
+ argued that
+
+ [t]he United States may give up the Post Office when it sees fit,
+ but while it carries it on the use of the mails is almost as much
+ a part of free speech as the right to use our tongues. (Milwaukee
+ Social Democratic Publishing Co. v. Burleson, 255 US 407 (1921)
+ (Holmes, J., dissenting)(emphasis added). This principle was
+ finally affirmed in Hannegan v. Esquire, 327 US 146 (1945) (cited
+ in de Sola Pool).
+
+ See de Sola Pool, Technologies of Freedom 77-107.
+
+ 28. E. Noam, FCC Hearing "Networks of the Future" (May 1, 1991).
+
+ 29. 1991 Senate NREN Hearing at 52 (Statement of Donald Langenberg,
+ Chancellor of the University of Maryland System).
+
+ 30. 47 USC section 201. Following much controversy about obscene or
+ indecent dial-a-message services, a number of BOCs and interexchange
+ carriers (IXCs, ie. MCI, Sprint, etc.) have adopted policies which
+ limit the kinds of information services for which they will provide
+ billing and collection services. Recently, some carriers have gone
+ so far as to refuse to carry the services at all, even if the service
+ handles its own billing. See ACLU Report.
+
+ 31. See J. Berman & W. Miller, Communications Policy Overview 14-24,
+ Communications Policy Forum (April 1991).
+
+ 32. Electronic Communications Privacy Act of 1986, 18 USC 2510 et
+ seq. See also J. Berman & J. Goldman, A Federal Right of Information
+ Privacy: The Need for Reform, Benton Foundation Project on
+ Communications & Information Policy Options (1989).
+
+ 33. See Statement In Support Of Communications Privacy, following
+ 1991 Cryptography and Privacy Conference, sponsored by Electronic
+ Frontier Foundation, Computer Professionals for Social
+ Responsibility, and RSA Software. (June 10, 1990).
+
+
+
+
+
+
+
+
+
+
+
+
+
+
+Kapor [Page 22]
+
+RFC 1259 Building The Open Road September 1991
+
+
+Security Considerations
+
+ Security issues are not discussed in this memo.
+
+Author's Address
+
+ Mitchell Kapor
+ Electronic Frontier Foundation
+ 155 Second Street
+ Cambridge, MA 02142
+
+ Phone: (617) 864-1550
+
+ EMail: mkapor@eff.org
+
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