T-Mobile's Binge On feature is under fire once again.
Stanford Law School professor Barbara van Schewick today released a 50-page study on what she says are the harmful effects of Binge On.
The feature lets T-Mobile Simple Choice subscribers stream video (at 480p) without eating into their monthly data allotment. That includes Netflix, Hulu, HBO, Sling TV, ESPN, Showtime, Starz, and others. Amazon Video, Fox News, Univision NOW, and WWE Network are among recent sign-ups.
The report, however, argues that Binge On violates the principles of net neutrality, harms user choice, innovation, competition, and free speech, and violates the FCC's general conduct rule.
The FCC's net neutrality rules state that ISPs are not to play favorites and allow some content to receive preferential treatment on a network (loading faster than another site that pays less, for example). But that is exactly what T-Mobile Binge On does, Schewick argues.
"T-Mobile says that it does not intend to become a gatekeeper on the Internet: It says Binge On is open to all legal video streaming providers at no cost, as long as they can meet some 'simple technical requirements,'" she wrote in the report.
Those requirements, however, are "substantial," Schewick says, adding that they "categorically exclude" providers that run the User Datagram Protocol (UDP) and use encryption.
"The result: Binge On allows some providers to join easily and creates lasting barriers for others, especially small players, non-commercial providers, and start-ups," the paper said. "As such, the program harms competition, user choice, free expression, and innovation."
T-Mobile did not immediately respond to PCMag's request for comment.
In November, FCC Chairman Tom Wheeler said he had no problem with Binge On. "It's clear in the Open Internet Order that we said we are pro-competition and pro-innovation," Wheeler said at the time. "Clearly this meets both of those criteria. It's highly innovative and highly competitive."
More recently, T-Mobile CEO John Legere met with Wheeler and Democratic Commissioner Jessica Rosenworcel, though it appears that Rosenworcel was less receptive to whatever was discussed.
Two very different meetings @fcc , one with @TomWheelerFCC and one with @JRosenworcel !Thank you Chairman Wheeler for supporting competition— John Legere (@JohnLegere) January 21, 2015
Legere has not yet addressed the Stanford report on Twitter, but said yesterday that Binge On is not going anywhere.
#BingeOn is our most disruptive move yet… and we're just getting started! #wewontstop #uncarrier— John Legere (@JohnLegere) January 28, 2016
Schewick, meanwhile, is not the first to speak out against Binge On. Earlier this month, the Electronic Frontier Foundation also accused T-Mobile of violating net neutrality by throttling all HTML5 video. Legere got a little saucy with the EFF on social media—an outburst for which he later apologized.
This article originally appeared on PCMag.com.