Comment by sgjohnson
17 hours ago
> For the Telekom case, we would need a different legislation, for example make paid peering agreements between providers illegal or at least regulated, which would then be an incentive to be generally well-connected (free mutual peering is usually considered a win-win scenario unless you are Deutsche Telekom and can use your market power to bully other market participants into another form of rent extraction). And that means that lawmakers and the public need to understand first the specific problem we are fighting.
Realistically not going to happen, as the effort would need to be global. Like, Cogent STILL refuses to transit-free IPv6 peer with HE. https://bgp.tools/kb/partitions.
T1s are very happy where they are, and it's an exclusive club. Any attempts to tame this behavior from DTAG will also face backlash from basically all the other T1s.
Regulating peering within the EU would already be a win.
The providers are then free to either move out of the EU market, or let their non-EU traffic flow via the (then likely larger) unrestricted pipes at DECIX and AMSIX. If they think that routing everything via EU is cheaper instead of just peering better in the other parts of the world to deliver traffic locally, then be it, that is their own economic freedom to decide so.
But they will realistically not do that. Also, SDNs will likely never go back to serving content in Europe from e.g. the US. Good connectivity is just generally the economically better option.
That being said, T1 companies like Deutsche Telekom who also serve a large consumer base via broadband and mobile and not just other large business networks are probably more vulnerable to such legislation than an exclusive transit provider.
> Regulating peering within the EU would already be a win.
Regulating peering how? Freedom of commerce is one of the core pillars of the EU. Forcing a company to do business with another company is insanity.
If DTAG doesn't want to peer with CloudFlare, you can't force them.
DTAG are also a consumer ISP. A consumer ISP should be considered a utility, and utilities can also be forced to provide certain services. In addition, Internet Exchanges have become so critical for the Internet architecture that they should also have some privileged status.
Legislation could focus on the following general rules, without favoring some providers over the others:
* If you participate on an IX node, there is no reasonable technical or financial reason not to peer with the other participants at that node. Of course this would also mean that participants have to be protected against price-gouging of IXs when they need to scale up their uplink for that reason.
* Alternatively, you could conditionally allow paid peering, but in that case require certain availability guarantees on your general transit connection.
* If you do not want to do business with a certain party, it should be all or nothing. Blacklist them organization-wide. No misleading to consumers that a content provider just appears slow, announce that you do not want to play with e.g. Netflix anymore and if your customers do not like it, they will switch.
* If you want to opt out of all of this regulation, you are free to run fiber yourself and just directly connect with everybody you are interested in. That is expensive? Too bad.
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WhatsApp has been required to provide an open API, Apple has been required to provide alternative app stores. Neither one has actually done it because the EU is too pussy to enforce the law, but the legislators clearly had no huge principle disagreement when writing these laws.
Mobile networks have been forced to allow roaming in other countries for a certain low fee, and that is actually enforced and has happened. It's clear the EU has no qualms about forcing companies to do business a certain way when it serves some greater interest.
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> Forcing a company to do business with another company is insanity.
This already happens all the time, and especially in telecommunications. Interconnection is a core of telecommunications law everywhere.