Law professor: T-Mobile’s Binge On program violates Net neutrality

"A T-Mobile service called Binge On that allows subscribers to consume as much data as they want while streaming video from selected providers violates Net neutrality rules, according to a published analysis from Stanford University legal scholar Barbara van Schewick.

 

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Net neutrality’s core tenet is that service providers shouldn’t be allowed to discriminate between different types of traffic they’re asked to carry. By offering some video services – including Netflix, Hulu and HBO – and not others as “free” streaming options, and not counting mobile data consumed from those services toward a user’s monthly cap, T-Mobile is essentially favoring some kinds of video content over others, van Schewick wrote.

“Binge On allows some providers to join easily and creates lasting barriers for others, especially small players, non-commercial providers, and start-ups,” according to van Schewick. “As such, the program harms competition, user choice, free expression, and innovation.”

Stiff Net neutrality regulations on ISPs were upheld last year by the FCC, but carriers have vowed to challenge their validity in court.

The report from van Schewick, which can be read in full here, cites numerous problems with Binge On. The program excludes services that use the user datagram protocol (UDP), which includes YouTube. It also puts start-ups in the awkward position of having to choose between using UDP, which can have technological advantages, or being eligible for inclusion in Binge On."