Stanford CIS

Stanford law professor tells the FCC that T-Mobile's Binge On is illegal

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"Barbara van Schewick, a Stanford University law professor and net neutrality expert, filed a 51-page document with the FCC explaining why T-Mobile's Binge On is illegal. With Binge On, T-Mobile customers get to stream video from certain content providers without having the data used subtracted from their monthly data allowance.

In her document, Professor Schewick gives six reasons why Binge On violates the FCC's Open Internet Order of 2015. One reason is that by not deducting the data used for Binge On video streaming from the subscriber's account, it is giving Binge On providers a competitive advantage making theirvideo more attractive than data streamed by others. In addition, the professor adds that Binge On narrows consumer choice by allowing users to watch unlimited amounts of videofrom Binge On providers, but not from other providers who aren't Binge On partners.

Other issues mentioned in the document include Binge On's technical requirements, which won't work with some video streamers that use different protocols like YouTube. The carrier says that these technical requirements are important so that it can know who the content provider is. But the professor says "Binge On allows some providers to join easily and creates lasting barriers for others, especially small players, non-commercial providers, and start-ups. As such, the program harms competition, user choice, free expression, and innovation.""