BBS in a Box 7/BBS in a Box - Macintosh - Volume VII (BBS in a Box) (January 1993).iso/Files/Word/E-G/EFF1.3.0.cpt/EFF1.3.0/other/nsfnet-testimony

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KAPOR TESTIFIES ON NSFNET POLICIES AND FUTURE OF THE NET

In his capacity as the President of the Electronic Frontier Foundation
(EFF) and the Chairman of the Commercial Internet Exchange (CIX),
Mitchell Kapor testified last Thursday before a House Committee on
the current operation and management of NSFNet, and the future
of the NREN and computer-based communications.

The testimony took place in Washington, D.C. before the House
Committee on Science, Space, and Technology. The committee was
examining the present and proposed policies of NSFNet, the government
body which currently  handles the funding for and sets the operating
policies for much the Internet."  For many years this
mega-network linking thousands of government and educational sites
and millions of users was funded and operated specifically for the
academic and research communities. This role continues.

However, with the growth of networking throughout the United States
and the world at large, the Internet has been evolving towards
a National Public Network(NPN). This network is still several
stages away, but the Internet itself is about to be transformed into
an interim NPN, known as NREN (National Research and Education Network).

Policies and management styles which have served the Internet community
well during its formative stages must now be re-examined in light of
the increased use of that network by a larger pool of users, the advent
of super-computing sites within the network, emerging technologies that
will speed information transferal, and an increase in the presence of
large business interests and other entrepreneurial forces.

The key items that Mr. Kapor was asked to address at the hearing were:
     To assess the NSF's efforts to provide support to the
        communities of science, education, engineering and research.
     To comment on the current plan the NSF to resubmit
        the award of operation of the NSFNet backbone for competitive
        bidding.
     How Congress can help ensure a successful evolution of the
       Internet into the NREN.
     To relate his vision of what the NREN might be and become.
     To define the roles of public and private sectors in
     realizing such a vision.
     To suggest specific steps for Congress and federal agencies
     that would help the goals of the NREN to be achieved.
+++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++


Testimony of

Mitchell Kapor
President, Electronic Frontier Foundation
and
Chairman, Commercial Internet Exchange

          before the

United States House of Representatives
Committee on Science, Space, and Technology
Subcommittee on Science

Hearing on the Management and Operation
of the NSFNET by the National Science Foundation

March 12, 1992



Mr. Chairman:
     My name is Mitchell Kapor.  I want to thank you for inviting
me to present my views on the importance of research and education
networks, and the beneficial role that commercial forces can play
in this arena.  At your request, I come before this Committee in
two capacities.  As the President of the Electronic Frontier
Foundation, a public interest advocacy organization concerned
about promoting the democratic potential of new computer and
communications technologies, I hope to offer a vision of how the
National Research and Education Network (NREN) can enhance
research and educational opportunity for an ever-growing community
of users.  As the Chairman of the Commercial Internet Exchange, a
trade association that promotes the commercial Internet market, I
will give some suggestions on ways that Congress can help to
eliminate some of the current impediments which unnecessarily
limit entrepreneurial innovation in the Internet arena.
     For those who may not know me, I am also the principal
developer of the Lotus 1-2-3  spreadsheet program and served as
the CEO of the Lotus Development Corporation between 1982 and 1986
during which time it grew into a $200 million dollar a year
software company.
     I believe that Congress, and this Committee in particular,
has a vital role to play in:
#ensuring that NREN services reach the broadest possible community
of users;
     #creating an environment which stimulates the development of
new network technologies and applications, and;
     #leveraging federal involvement with private sector
cooperation.
Again, thank you for the opportunity to participate in this
process.

I. Background

A. The Electronic Frontier Foundation
     The Electronic Frontier Foundation (EFF) was founded on a
shared conviction that a new public interest advocacy organization
was needed to educate the public about the democratic potential of
new computer and communications technologies and to work to
develop and implement public policies to maximize civil liberties
and competitiveness in the electronic social environments being
created by new computer and communications technologies.  Our
primary mission is to insure that the new electronic highways
emerging from the convergence of telephone, cable, broadcast, and
other communications technologies enhance First and Fourth
Amendment rights, encourage new entrepreneurial activity, and are
open and accessible to all segments of society.
     The EFF is committed to ensuring that the rules, regulations,
and laws being applied to emerging communications technologies are
in keeping with our society's highest traditions of the free and
open flow of ideas and information while protecting personal
privacy.

B. The Commercial Internet Exchange
     The Commercial Internet Exchange Association (CIX) was formed
in 1991 as a trade association open to all commercial Internet
carriers.  All members agree to exchange traffic at a fixed and
equal cost set by the association.  The primary goal is to provide
connectivity among  cooperating carriers, with no restrictions on
the type of traffic allowed.
     Today, there are seven CIX members with both domestic and
international networks: BARRnet, CERFnet, EUNet, Performance
Systems  International (PSI), Unipalm Limited, UUNET Technologies,
and US Sprint.  Over 3000 commercial firms can be reached through
the CIX member networks, with no restrictions on use.  The top 20
computer companies in the US are all connected via the CIX, and
many are delivering commercial support services  (e.g.,
software/hardware and consulting) over it.
     The CIX is structured to grow and migrate with the emerging
needs of the commercial Internet.  Many multinational carriers and
at least three dozen regional networks in the US, Europe, and
Japan have expressed interest in joining.  In response to this
interest, the CIX membership has developed plans to improve
network technology support services that benefit the entire
community.  The CIX will also actively encourage new services on
the commercial Internet.

II.  Visions of the NREN
     The NREN is intended to "link research and educational
institutions, government, and industry, in every State,"1
together.  Agencies responsible for implementing the NREN "shall
work with State and local agencies, libraries, educational
institutions and organizations, and provide network service
providers in order to ensure that researchers, educators, and
students have access to the Network."  The NREN will not be
created out of thin air.  Rather, it is an expansion of the
Internet, a twenty-year old international network that links over
three million users in 30 countries.  The Internet is a vital part
of the interim NREN.
     Wearing my Electronic Frontier Foundation hat, I believe that
this committee should take a broad view of the possibilities of an
NREN that reaches into all levels of schools, libraries,
hospitals, community centers, and even homes.  These are some
goals that the Committee should strive for in its long-term NREN
implementation plans:2

A. Expand the number of users who have access to the Internet and
NREN
     The tremendous popularity of the Internet has already
demonstrated the value of public data networks among higher
education and research institutions.  Congress should adopt
policies which help make Internet resources accessible to an ever-
broadening community of users.  In the 1960s, the average fifth
grader had no need to use the ARPANET to access remote computing
power.  But in the 1990s, students down to the elementary school
level can benefit from having access to libraries and other on-
line educational resources from all around the country.
     As information technology becomes more and more
sophisticated, some have warned that we could be dividing American
society into the "information haves and have-nots."  Let us use
the NREN as one of many tools to enable all segments of society to
have access to important information and communication resources.

B.  Enhance "access to electronic information resources maintained
by libraries, research facilities, publishers, and affiliated
organizations."3
     Millions of scientists, students, government workers, and
even the occasional Congressional staffer rely on the Internet as
a primary computer and communications tool.  Researchers exchange
scientific information, students further their education,
government workers communicate with others working on publicly-
funded projects, and some of us even use the Internet to stay in
touch with political developments.
     The more information that is accessible over the Internet,
the greater its value to its users, but the potential of the
Internet as an information dissemination medium for both public
and private institutions has only just begun to be explored.
Congressional policies that allow both non-commercial and
commercial information providers to offer their services over the
NREN will enhance the productivity and creativity of researchers,
educators, students, and other NREN users.

C. Support the free flow of ideas
     The academic community relies on the Internet as a forum for
exchanging scholarly research and data.  So, traditional academic
freedom of speech, as guaranteed by the First Amendment, should be
protected in this new forum.

D.  Promote "research and development leading to commercial data
communications and telecommunications standards."4
     The HPCA recognizes two important areas of research for the
development of the NREN.  First, much basic engineering work
remains to be done in order to provide the high-speed (gigabit)
data transmission services required by certain applications, such
as supercomputing and high definition video and graphics.  Second,
in order to bring the benefits of network information services to
a wider community of users, standards for data presentation and
access need to be developed.  For example, because most libraries
catalog books according to standard systems which we have all been
taught, we can walk into almost any library and find the books we
need.  If electronic information services are to be truly useful
beyond a narrow group of technical workers, much progress must be
made toward making the services easy to use.

E. The NREN as a Testbed
     In enacting the NREN legislation, the Congress is taking a
critical step toward what I call the National Public Network, the
vast 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
NREN.
     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 public
information 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.5  So, as the Committee acts to
implement the NREN, I urge you to remember that the patterns set
by pioneering networks such as this will play a critical role in
shaping the Nation's information infrastructure.


III.  Recommendations for Transition to Full Commercial Operation
     In passing the High Performance Computing Act, Congress
provided a clear set of goals for the NREN and guidance on how to
achieve those goals.  This Committee and the entire Congress have
made it clear that the Network services should be provided 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."6
     Under the NSF's management, the use of the Internet by
commercial organizations has been wildly successful.  Nearly 60
percent of all registered computing sites on the Internet are
commercial organizations.  Within two years this number is
expected to grow to nearly 90 percent.  It is not surprising, in
light of this rapid change in the Internet environment, that even
with the best intentions on the part of NSF, some problems
occurred along the way.  I am optimistic that new policies based
on a careful look at the market today can create a thriving
commercial environment on the Internet.
     The task that this Committee begins today is to shape an
implementation strategy that achieves these important national
goals by carefully examining the recent history of the NSFNET and
the rapidly changing structure of the data networking marketplace.
     The HPCA sets as a goal that "the Network shall be phased
into commercial operation as commercial networks can meet the
needs of American researchers and educators."7  Speaking as
Chairman of the Commercial Internet Exchange, I can say with
confidence that the commercial Internet providers already in the
market can meet the networking needs of current NSFNET users for
T18 now and will be able to meet the needs for T39 services in the
very near future.  Therefore, I offer the following short- and
long-term recommendations for reaching the goal of a fully
commercially-operated NREN.

A. Short Term - Until November 1992
        1.     Modify the NSF Acceptable Use Policies to encourage
the availability of commercial information services and promote
competition among carriers.
     As part of its current management of the NSFNET backbone, the
NSF has set a series of "Acceptable Use Policies" which define the
type of traffic that can be carried over the NSFNET backbone.  The
AUP restriction most relevant to today's hearing requires that all
data carried over the NSF backbone be "in support of research and
education."  This restriction frustrates two important NREN goals
by precluding widespread offering of commercial electronic
information services, and discouraging commercial organizations
>from making full use of the Internet.
     A brief note about the three-level structure of the Internet
may be helpful here.  At the lowest level are local networks
maintained by each connected institution.  Next, mid-level or
regional networks connect a number of local networks together.
Finally, there are backbones which link regional networks
together.  The NSFNET is a backbone that connects a number of
regional networks and offers interconnection to other government
networks and international networks.  But other providers,
including two CIX members, PSI and Alternet, have their own
international backbones which interconnect with several regional
networks, commercial organizations, and international networks.
Funding for local and region networks comes from a variety of
public and private sources, but the NSF backbone is paid for by
NSF funds.
     As the Internet was growing, the NSF wisely instituted an AUP
that allowed for a wide variety of uses of the network, including
some that could strictly be classified as "commercial."  This open
policy encouraged extensive use of the Internet and made it a
success.  An unfortunate side effect of this openness is that
there is substantial confusion about what kind of traffic is
allowed and what is forbidden.  In practice, electronic mail users
can make commercial use of the Internet with impunity because e-
mail is private.  But the uncertain scope of the AUP discourages
many potential commercial users of the Internet from joining the
network.
     In 1990, an exception to the commercial use restriction in
the AUP was created by the NSF.  In an agreement between the NSF
and Merit, the primary NSFNET backbone contractor, Merit was
allowed to subcontract the backbone services to a new non-profit
corporation, Advanced Network Services (ANS).  ANS in turn created
a for-profit subsidiary called ANS CO+RE which now has been given
the exclusive right by NSF to sell backbone connections that carry
commercial traffic across the NSF sponsored gateways between the
T3 backbone and the regional networks.  This commercial traffic
would otherwise be in violation of the AUP.
     NSF and Merit arranged for ANS CO+RE to pay some portion of
the cost of carrying the commercial traffic into a fund that is
intended to benefit the regional networks connected to the
backbone.  However, ANS CO+RE is still the only network service
provider which has thus far been authorized by NSF to pass
commercial traffic over the backbone to regional networks.
     Retaining ANS as the only firm that is able to offer
commercial access to the NSFNET backbone creates market
distortions which impede the commercial expansion of the Internet
and limit the scope of services available to future NREN users.
When the NSF created the current arrangement, little was known
about how the commercial Internet market would develop and the
impact NSF's choices would have.  In planning for the future,
Congress should begin now to take steps to achieve the NREN goals
of promoting the development of commercial services and an open,
competitive environment.
      2.     Encourage Cooperative Efforts within the Commercial
Internet Industry Which Enhance Interconnection Among Carriers
     Since the backbone arrangements that NSF structured did not
allow for open routing of commercial Internet traffic, CIX members
and ANS have recently begun negotiations to address these
problems.  Fruitful discussions are underway between the concerned
parties with the intent of developing interconnection arrangements
that promote the open flow of commercial traffic to all parts of
the Internet that are willing to accept it.  I hope that this
Committee can lend its support to these efforts and set them as a
model for voluntary resolution of various industry "growing
pains."
      3.     Find Alternatives to the Current NSFNET Backbone
Arrangement with ANS which are Fair to All Parties
     The National Science Board should be asked to reconsider its
decision to extend the current backbone arrangement for an extra
eighteen months past November 1992.  This may have appeared to be
an easy, natural transition from the NSFNET to the NREN.  However,
commercial service providers now in the market are fully prepared
to offer the services necessary to maintain the existing level of
NSFNET service while the higher speed NREN is being built.
     In the early history of the Internet, organizations that
needed network access relied almost exclusively on connections
offered by the Federal sponsors of the Internet.  At its birth,
when it was known as ARPANET, little was known about how to build
large public data networks.  Federal research support played a
critical role providing network access and in the development of
public networking technologies.  Because early Federal support was
so successful, the Internet operating protocols have been adopted
as international standards and are used in data networks across
the country and around the world.
     As current networking technology has stabilized, many private
sector sources -- including members of the CIX -- are now able to
offer Internet access as well.   By offering low-cost connections
and individualized service, private network service providers have
made Internet access available to many who do not receive direct
government sponsorship.  The NREN legislation lays out ambitious
plans for development of advanced networking technology, but
private providers now have the experience to offer standard
Internet services.  Therefore, active government involvement in
providing network access services can be ended.  Furthermore,
given the problems already noted, any extension of the current
arrangements without a fully competitive selection process would
be unwise.

B. Long Term: Find Ways to Phase Out the Current Backbone
Structure After November 1992
     In the long-run, those agencies responsible for the
continuation of the current NSFNET services should seek
alternatives to a centrally-controlled backbone.  When the
upgraded NSFNET of the mid-1980s was experiencing growing pains
and performance degradation, building a high speed backbone was a
reasonable response on the part of the NSF.  The data transmission
technology at the heart of the backbone10 was in experimental
stages; so, a government-funded backbone was appropriate to help
develop this technology.  But now, five years later, the building
blocks of the backbone are available "off the shelf" and can
easily be interconnected without direct government intervention.
Internet connectivity is now a commodity service which can be
purchased on the open market just like other carriage services
such as long distance telephone service, shipping, air freight, or
overnight mail.
     Rather than making payments to backbone and regional network
providers, the NSF and any other government agencies that have
responsibility to connect institutions to the Internet should give
the subsidy directly to the target institution.  The institution
can then take this money and purchase Internet connectivity from a
variety of service providers.
     As in the long distance telephone market, or the rail
service, carriers will have to enter into cooperative agreements
to be sure that an Internet customer on one carrier's service can
send and receive data from customers on other services.  Even with
the backbone in existence, a significant amount of inter-regional
traffic bypasses the backbone as part of bilateral arrangements
between various regional networks.  The Internet community has a
long established tradition of promoting interconnection, and
developing and adhering to international standards.  So, there is
every reason to believe that this pattern of cooperation will
continue.

C. Research Priorities
         1.     Direct support for development of advanced
research network -- the gigabit network envisioned by the NREN
         Funds allocated for work on advanced network engineering
should be targeted exclusively to the development of high-speed
gigabit networking technology.  An important part of the NREN will
be an experimental, high-speed research network which is capable
of sending data many times faster than the current NSFNET.  But
this new research network should not be confused with the existing
"production" network now called the NSFNET.  Research dollars
should be kept for research networks that will expand our
understanding of how to do high-speed networking, not for
subsidizing existing network services.  Conversely, users who
depend on the Internet for routine work should not have the
reliability of their services compromised by the inevitable
vagaries of a research network under development.  The research
network should certainly be interconnected with the production
network, but their operation and funding should be kept as
separate as possible.
        2.     Stimulate applied development activities
        In addition to basic network engineering that increases
speed and capacity, some research support should be directed to
development of applications that make network easier to use and
access for end users.  Ease-of-use was not a major concern in the
early days of the Internet, since most users had technical
backgrounds.  But, if we are to meet the goals of the HPCA which
seek to make the Network available to a larger class of non-
technical researchers and students, efforts to make network
services more "user-friendly" are essential.  Furthermore, the
NREN is an opportunity to create a variety of "test-bed"
applications that will help lead the way to more advanced uses of
electronic networking.  So in addition to meeting the needs of
today's users, research dollars should be allocated with an eye to
stimulating applications for the next generation of networks.

D.  Public Process is Essential
     Much of the recent negative publicity surrounding the NSFNET
has come because important decisions about the network were made
without opportunity for public comment or input from commercial
Internet providers.  The NSFNET is now managed with the help of a
number of advisory boards, such as the federal Network Advisory
Committee.  As the NSFNET and NREN grow, they will be built with
the participation of many more service providers than are
currently involved in the NSFNET.  Therefore, it is important that
the NSF's advisory boards be expanded to reflect new market
conditions.  With broader representation on these boards, the NSF
will be sure to receive the guidance it needs to make wise
implementation decisions.

IV.  Conclusion
     I want to thank the Committee for inviting me to appear on
these important matters at this critical moment in the development
of the NREN.  I am optimistic that with Congressional leadership
government agencies, public institutions and the private sector
can work together to realize the highest goals of the NREN for the
benefit of all.

For Further Information Please Contact:

Mitchell Kapor                    Jerry Berman
President, EFF                    Washington Office Director
Chairman, CIX                     Electronic Frontier Foundation
155 Second Street                 666 Pennsylvania Ave, SE
Cambridge, MA  02041              Suite 303 Washington DC 20003
617-864-0665                      202-544-9237
[e-mail]                    [e-mail]



Notes:
1  High Performance Computing Act,  Pub. L. No. 102-194, 105 Stat.
1594 (1991) ("HPCA"), Sec. 5(a)
2 See also, M. Kapor & J. Berman, "Building the Open Road: The
NREN As Test-Bed For The National Public Network," in Building
Information Infrastructure: Issues in the Development of the
National Research and Education Network, 1992 (B. Kahin, ed.,
McGraw-Hill)
3 HPCA, Sec. 5(e)
4 HPCA, Sec. 5(d)(2)
5  The NREN "would provide American researchers and educators with
the computer and information resources they need while
demonstrating how advanced computers, high-speed networks, and
electronic data bases can improve the national information
infrastructure for use by all Americans." HPCA, Sec 2(a)(6)
6  HPCA, Sec. 5(d)
7  HPCA, Sec. 5(d)(3)
8  T1 services have the capacity to transmit data at 1.544
megabits per second.
9  T3 service carries 45 megabits of data per second.
10  T1 and later T3 services.