Free(dom)

Today I begun beta testing 510pen, a community wireless network that allows anyone to share their Internet connection to create an open wireless network for, as they said on Sesame Street, "the people in your neighborhood." 510pen is partnering with Media Alliance and Cernio Technology Cooperative in order to create a non-profit member-benefit cooperative to manage the wireless network.

So far it has been great. I just cracked open my new wireless mesh gateway, the Model OM1P from Open Source Mesh Solutions, all I had to do to get setup was plug it in as a replacement for my old wireless router. Then I could get online using the SSID "open-mesh," go to 510pen.com and register. About five minutes after registering my wireless gateway updated itself and my new customized 510pen wireless mesh node was online. I also have a private wireless network I can use that isn't available to the public. I will be keeping a log of my connection and uptime, hopefully it helps the network.

Section 13 in the findings of the new Internet Freedom Preservation Act of 2009 contains an unsettling sentence. We are cruising along with all of the standard Network Neutrality provisions, then this hits:

"A network neutrality policy can also permit Internet service providers to take action to protect network reliability, prevent unwanted electronic mail, and thwart illegal uses in the same way that telecommunications network operators have historically done consistent with the overarching principle 11 of non-discrimination."

Carefully worded, a hat tip to industry. Yes, this can help you "take action" against spam. Sounds good to me. But if we dig a little deeper in the bill , "ILLEGAL CONDUCT. —Nothing in this Act shall be construed or interpreted to affect any law or regulation addressing prohibited or unlawful activity, including any laws or regulations prohibiting theft of content."

Probably a standard lawyerspeak disclaimer, but not exactly encouraging for those of us who are looking to protect protocols such as BitTorrent -- the industry scapegoat any time questions arise about legitimate use of the Internet.

This is the precursor to a giant loophole, lets hope they close it before the bill moves forward. If Telcos, Cablecos and other service providers are emboldened to traffic shape based on "illegal conduct," lots of conduct will soon become illegal. Traffic shaping is alive and well, many ISPs have been busted, but if they get a shiny new bill to hide behind, they will claim to be the defenders of Net Neutrality. That is not what we need.