A Stanford Law School professor in a paper published January 29, concludes T-Mobile US’ Binge On streaming video service, which doesn’t count against a subscriber data allotment, “violates key net neutrality principles and harms user choice, innovation, competition and free speech online.”
Barbara van Schewick is a professor of law and Helen L. Crocker Faculty Scholar, as well as serving as director of Stanford Law School’s Center for Internet and Society. Here’s a link to the complete paper.
Binge On is what’s called a zero-rating service. T-Mobile US subscribers can use the service to stream low-resolution video from select streaming platforms like Netflix, Hulu, Amazon.com, HBO and others.
“The program is likely to violate the [Federal Communications Commission’s] general conduct rule,” van Schewick wrote. “Binge On undermines the core vision of net neutrality: Internet service providers that connect us to the Internet should not act as gatekeepers that pick winners and losers online by favoring some applications over others. By exempting Binge On video from using customers’ data plans, T-Mobile is favoring video from the providers it adds to Binge On over other video.”
Specifically, van Schewick details how, in her opinion, Binge On distorts competition, limits user choice, stifles free expression and harms innovation.
For its part, T-Mobile US says customers are enjoying Binge On as evidence by a doubling in video consumption in the three months since the service launched.
“Binge On is our most disruptive Un-carrier move yet,” T-Mobile US CEO John Legere proclaimed. “It has literally changed the way millions of people are watching video – they’re watching more, more than twice as much as before, and most importantly, they’re watching without worrying about bigger bills or surprise overages! Binge On is the Un-carrier solution to satisfy Americans’ growing appetite for mobile video – and the facts are telling us that customers love it.”
Legere is no stranger to criticism of Binge On. Earlier this year he said the carrier remains a fierce advocate for consumer protection and in upholding net neutrality standards, but did admit he may have gone too far in questioning recent reports about Binge On and that when enabled the service does indeed impact video quality of all streaming content.
“Look, by now you know that I am a vocal, animated and sometimes foul mouthed CEO,” Legere wrote. “I don’t filter myself and you know that no one at T-Mobile filters me either (no, they don’t even try). That means I will sometimes incite a bit of a ‘social media riot,’ but I’m not going to apologize for that.”
Legere then went on to apologize to the Electronic Frontier Foundation, which late last year put out a reportthat found Binge On throttled the streaming speed of all video services to 1.5 megabits per second when enabled, while video passed through T-Mobile US’ network at up to 5 Mbps when the service was disabled.
FCC Chairman Tom Wheeler said he doesn’t have any issues with Binge On as it relates to net neutrality. Speaking in November, Wheeler said the agency does not have any issues with the carrier’s program. Some had questioned whether the program could violate net neutrality tenants of the FCC’s Open Internet Order.
“I think that it’s clear in the Open Internet Order that we said we are pro competition and pro innovation. Clearly this meets both of those criteria,” Wheeler said, adding the FCC is continuing to look into the service.
FCC Commissioner Ajit Pai last year said he thought T-Mobile US’ similar Music Freedom program violated the Open Internet order.
“Generally speaking, free content seems to be a good thing for most wireless consumers but the agency explicitly said that could be considered a net neutrality violation under the Internet conduct standard,” said Pai at an event hosted by the Federalist Society.
