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Date: Fri, 2 Oct 2015 16:21:25 -0400 (EDT)
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Subject: Re: [Cerowrt-devel] Editorial questions for response to the FCC
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=0AThis is good. Regarding my concern about asking for mandated FCC-centere=
d control - we need less of that. It establishes a bad precedent for the me=
ans of "protecting the airwaves". (or reinforces a precedent that must be =
changed soon - of establishing de-facto, anti-innovation monopolies that de=
rive from regulatory mandates). And it creates a problematic "us vs. them" =
debate where there is none.=0A =0AA vast majority of folks want interoperab=
ility of all kinds of communications, and that includes sharability of the =
wireless medium. That means finding approaches for coexistence and innovat=
ion, without mandates for the technological solution based on a particular =
implementation of hardware or systems architecture. An evolutionary approac=
h.=0A =0ASo we don't have to specify alternative rules in detail. And by g=
oing into detail too much, we only lose support.=0A =0AWhat have to demonst=
rate is that there is *at least one* better approach, while also pointing o=
ut what will be lost with the proposed approach in the NPRM. Most of the l=
etter focuses on these, quite correctly, but it might be useful to clarify =
those two lines of argument by an editorial pass. The approach suggested i=
n the letter should be presented as open to further improvement that achiev=
es the shared goals.=0A =0AThis is why emphasizing "mandates" and punishmen=
ts is probably counterproductive. The goals that stand behind the proposed =
mandates should be emphasized, the mandates left to be developed in detail =
based on those goals.=0A =0AThe battle here is part of a longer term, neces=
sary reframing of regulatory practice. Current regulation is based on mean=
s rather than ends, and doesn't consider what is technologically possible. =
And it is centered on control of what capabilities are delivered in fixed f=
unction devices, rather than in how those devices are used or how they inte=
grate into systems. As an absurd example, we certainly would like to preven=
t people from being electrocuted. But does that mean we must specify how a=
n electric vehicle is built down to the voltages of batteries used and what=
kind of switching transistors must be used in the power supply? Or that t=
he only battery charging that is allowed must be done at stations owned by =
the vendor of the vehicle?=0A =0AThat longer term reframing must take into =
account the characteristics of the trillions of wireless nodes that will be=
deployed in the next 25 years. There's been no study of that by the FCC (=
though some of us have tried, as I did at the TAC when I was on it) at all.=
=0A =0AThat can't be accomplished in this NPRM. The battle is to prevent t=
his regulation from being deployed, because it is a huge step backwards. F=
ortunately, we *don't* need to rewrite the regulation, so quickly.=0A =0AWe=
need to argue that they need to go back to the drawing board with a new pe=
rspective. The approach proposed should focus that effort, but it need not=
be adopted now. It might turn out even worse... So the goal is to stop t=
he NPRM.=0A =0A=0A=0AOn Friday, October 2, 2015 10:22am, "Rich Brown" said:=0A=0A=0A=0A> Folks,=0A> =0A> I have screwed up m=
y nerve to take an editorial pass over the document. It has a=0A> lot of go=
od information and many useful citations, but it needs focus to be=0A> effe=
ctive.=0A> =0A> As I read through (yesterday's) draft of the document and t=
he comments, I came up=0A> with observations to confirm and questions that =
I want to understand before=0A> charging ahead.=0A> =0A> Observations:=0A> =
=0A> 1) Unfortunately, we are coming to this very late: if I understand the=
timeline,=0A> the FCC proposed these rules a year ago, the comment period =
for the NPRM closed 2=0A> months ago, and we only got an extra month's exte=
nsion of the deadline because=0A> their computer was going to be down on th=
e original filing date. (Note - that=0A> doesn't challenge any of our point=
s' validity, only that we need to be very=0A> specific in what we say/ask f=
or.)=0A> =0A> 2) The FCC will view all this through the lens of "Licensed u=
se has priority for=0A> spectrum over unlicensed." That's just the rules. A=
ny effort to say they should=0A> change their fundamental process will caus=
e our comments to be disregarded.=0A> =0A> 3) The *operator* (e.g., homeown=
er) is responsible for the proper operation of a=0A> radio. If the FCC disc=
overs your home router is operating outside its allowed=0A> parameters *you=
* must (immediately?) remediate it or take it off the air.=0A> =0A> 4) We m=
ust clearly and vigorously address the FCC admonishment to "prevent=0A> ins=
talling DD-WRT"=0A> =0A> 5) [Opinion] I share dpreed's concern that the cur=
rent draft overplays our hand,=0A> requesting more control/change than the =
FCC would be willing to allow. See=0A> Question 7 below for a possible alte=
rnative.=0A> =0A> Questions:=0A> =0A> 1) What is our request? What actions =
would we like the FCC to take?=0A> =0A> 2) How much of a deviation from the=
ir current rules (the ones we're commenting on)=0A> are we asking them to e=
mbrace?=0A> =0A> 3) How much dust could/should we kick up? For example, is =
it useful to point out=0A> that these FCC rules do not address other practi=
ces that are possible today:=0A> - Use of high gain antennas (which would c=
ertainly introduce a stronger signal=0A> than the design parameters);=0A> -=
Use of other (non-commercially produced) SDR transmitters;=0A> - Malicious=
attack that takes control of insecure vendor software to alter the RF=0A> =
parameters=0A> - Router manufacturers in most cases are already *contractua=
lly obliged* to=0A> release full source code for their routers (GPL). In th=
e past, many have been=0A> resistant to doing so, especially for the RF dri=
vers. Do any concerns of the FCC=0A> change if there were to be a full sour=
ce code release?=0A> =0A> 4) Footnotes 15, 16, and 17 cite published report=
s of router vendors using=0A> activation codes or new firmware lockdowns wh=
ere previously not present. Do any=0A> readers have personal/verified knowl=
edge of these activities?=0A> =0A> 5) Vendors certify release X of their fi=
rmware in tests with the FCC. It includes=0A> the entire binary, including =
radio control parameters, OS version, web GUI, etc.=0A> Do we know anything=
about whether vendor's X+1 release goes through the same FCC=0A> certifica=
tion process? Or do they just fix a couple bugs and re-release knowing=0A> =
that they haven't touched the RF driver...=0A> =0A> 6) Vendors are generall=
y do not release source code for the wireless drivers. How=0A> likely is it=
that this reluctance is due to a concern that the vendor could get in=0A> =
trouble with the FCC if people modified that code?=0A> =0A> 7) Would it be =
feasible to ask the FCC to require that vendors *publish* the=0A> critical =
parameters/source code for operating in spec, so that responsible=0A> softw=
are developers can carefully observe those parameters? (We already have cod=
e=0A> that handles the RF specs for various countries. Could we envision do=
ing the same=0A> for each router/model/version radio parameters?)=0A> =0A> =
I'm going to collect your comments for ~24 hours, then start editing. My go=
al is=0A> to have a draft by Monday morning, 5 Oct to refine for the 9 Oct =
deadline.=0A> Thanks!=0A> =0A> Rich
------=_20151002162125000000_15184
Content-Type: text/html; charset="UTF-8"
Content-Transfer-Encoding: quoted-printable
This=
is good. Regarding my concern about asking for mandated FCC-centered contr=
ol - we need less of that. It establishes a bad precedent for the means of =
"protecting the airwaves". (or reinforces a precedent that must be ch=
anged soon - of establishing de-facto, anti-innovation monopolies that deri=
ve from regulatory mandates). And it creates a problematic "us vs. them" de=
bate where there is none.
=0A
=0A<=
p style=3D"margin:0;padding:0;font-family: 'times new roman'; font-size: 10=
pt; word-wrap: break-word;">A vast majority of folks want interoperability =
of all kinds of communications, and that includes sharability of the wirele=
ss medium. That means finding approaches for coexistence and innovati=
on, without mandates for the technological solution based on a particular i=
mplementation of hardware or systems architecture. An evolutionary approach=
.
=0A
=0ASo we don't have to specify alternative rules in detail. And by g=
oing into detail too much, we only lose support.
=0A
=0AWhat have to demonstrate=
is that there is *at least one* better approach, while also pointing out w=
hat will be lost with the proposed approach in the NPRM. Most of the =
letter focuses on these, quite correctly, but it might be useful to clarify=
those two lines of argument by an editorial pass. The approach sugge=
sted in the letter should be presented as open to further improvement that =
achieves the shared goals.
=0A
=0A=
This is why emphasizing "mandates" and punishm=
ents is probably counterproductive. The goals that stand behind the propose=
d mandates should be emphasized, the mandates left to be developed in detai=
l based on those goals.
=0A
=0AThe battle here is part of a longer term, necessa=
ry reframing of regulatory practice. Current regulation is based on m=
eans rather than ends, and doesn't consider what is technologically possibl=
e. And it is centered on control of what capabilities are delivered in fixe=
d function devices, rather than in how those devices are used or how they i=
ntegrate into systems. As an absurd example, we certainly would like to pre=
vent people from being electrocuted. But does that mean we must speci=
fy how an electric vehicle is built down to the voltages of batteries used =
and what kind of switching transistors must be used in the power supply? &n=
bsp;Or that the only battery charging that is allowed must be done at stati=
ons owned by the vendor of the vehicle?
=0A=
=0AThat longer term reframing must t=
ake into account the characteristics of the trillions of wireless nodes tha=
t will be deployed in the next 25 years. There's been no study of tha=
t by the FCC (though some of us have tried, as I did at the TAC when I was =
on it) at all.
=0A
=0AThat can't be accomplished in this NPRM. The battle =
is to prevent this regulation from being deployed, because it is a huge ste=
p backwards. Fortunately, we *don't* need to rewrite the regulation, =
so quickly.
=0A
=0AWe need to argue that they need to go back to the drawing boa=
rd with a new perspective. The approach proposed should focus that ef=
fort, but it need not be adopted now. It might turn out even worse...=
So the goal is to stop the NPRM.
=0A=
=0A