Is Netflix a hypocrite for intentionally slowing down its streams for certain wireless customers? A blog posted last week by the company, which is a longtime vocal supporter of net neutrality, has some technology advocacy groups and trade associations crying foul.
In the Netflix posting, the company’s Anne Marie Squeo writes “to protect our members from overage charges when they exceed mobile data caps, our default bit rate for viewing over mobile networks has been capped globally at 600 kilobits per second. It’s about striking a balance that ensures a good streaming experience while avoiding unplanned fines from mobile providers.”
“ACA is disappointed, but not surprised, that Netflix used its immunity from the FCC’s net neutrality rules to engage in this practice,” American Cable Association President and CEO Matthew M. Polka says in a statement. “Netflix has the ability and incentive to engage in this anti-consumer behavior notwithstanding its impact on the virtual cycle that promotes the broadband deployment sustaining Netflix’s business model.”
Polka adds that in light of this revelation, ACA is calling on the FCC “to initiate a Notice of Inquiry into the practices of edge providers and how these companies can threaten the openness of the Internet. Under Section 706, the FCC has the authority to conduct such an inquiry and issue regulations, should it be deemed necessary.”
Technology advocacy group TechFreedom, for its part, announced that it was awarding Netflix its first annual Tech Hypo(crite) award.
“Failing to disclose this practice to consumers is bad enough, but Netflix’s political hypocrisy is astounding,” Berin Szoka, president of TechFreedom says.
TechFreedom points out that two years ago, Netflix was in the thick of the fight to get the FCC to require transparency about throttling practices, and to ban it as inherently harmful.
“It also claimed that Comcast was effectively throttling Netflix traffic simply by failing to offer unlimited, free interconnection to Netflix — something companies like Netflix have always had to pay for,” TechFreedom observes in a statement.
“It turns out Netflix was really saying ‘Net neutrality for thee, but not for me,’” Szoka adds. “The big question here is why the FCC didn’t figure this out on its own.”
