Stanford law professor says T-Mobile’s ‘Binge On’ violates Net Neutrality principles

"Binge On, the “unlimited” video-streaming service from T-Mobile, stifles competition, free speech and customer choice and because of this it violates basic principles of Net Neutrality, a Stanford University law professor has found.

T-Mobile, one of the country’s largest providers of mobile internet access, launched Binge On in November. The service features video from Netflix, Amazon, HBO and others. Binge On customers can watch this content without it counting against their data allotments.

But on Friday, Barbara van Schewick, a professor at Stanford Law School and director of the university’s Center for Internet and Society, joined YouTube and the Electronic Frontier Foundation in accusing T-Mobile of violating Net Neutrality principles. In her report, van Schewick outlined how Binge On was helping T-Mobile set itself up as an Internet “gatekeeper,” one that would determine “winners and losers online,” and distort competition.

T-Mobile logoAccording to van Schewick, by exempting Binge On’s video from customers’ data plans, T-Mobile is providing preferential treatment to Binge On’s partners. The professor also found that while T-Mobile says any video provider can join Binge On, the reality is that T-Mobile requires partners to adhere to a specific technical criteria, which does not accept encryption. The report from Stanford alleges that Binge On is quicker to accept larger services into the program and this effectively discriminates against smaller players who must wait. This also forces video providers to shape their services to T-Mobile’s technical demands. She warned this will mean the end of the “innovation without permission” era.

In addition, van Schewick says Binge On’s partners are all commercial video providers, and notes the lack of non-profit, user-generated and educational offerings.

“As long as Binge On gives special treatment to video as a class,” she wrote, “it undermines the vision of an open Internet where all applications have an equal chance of reaching audiences, and people, not ISPs, choose how to use the bandwidth available to them.”

For these reasons, van Schewick says “Binge On” violates the law."