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Friday September 23, 2011 |
Earlier this year, I launched an access-to-information request with the
CRTC requesting all records related to net neutrality complaints filed
under the Commission's 2009 Internet traffic management practices
decision. The result was a post titled Canada's Net
Neutrality Enforcement Failure, which listed dozens of complaints
and a discouraging lack of CRTC investigation into them. The post
concluded:
After more than 30 investigations in
nearly two years, it is clear improvements are needed. At a minimum,
the CRTC should be publishing all public complaints and resolutions so
that the issues obtain a public airing. Moreover, the system needs
penalties for violations as well as pro-active audits to ensure
Internet providers are compliant with their obligations. Without
change, the CRTC’s net neutrality rules offer little protection for
Canadian Internet users.
Yesterday the CRTC took a first step in this direction by releasing new
guidelines
for responding to complaints and enforcing the rules. The best aspect
of the ruling is a commitment to publish quarterly reports featuring a
summary of the number and types of complaints it has received,
including the number of active and resolved complaints. Moreover, any
findings of non-compliance will be published on the Commission’s
website and will include the ISP’s name and the nature of the
complaint. The move toward greater transparency is welcome and an
important step in pressuring ISPs to comply with the guidelines. The
new guidelines also establish a strict timeline for responses by
complainants and ISPs, which should help avoid Xplorenet-type
situations that dragged on for months before the ISP addressed
complaints over its traffic management practices.
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Friday July 08, 2011 |
Two years ago, the Canadian Radio-television and Telecommunications
Commission conducted a much-publicized hearing on net neutrality, which
examined whether new rules were needed to govern how Internet providers
managed their networks. While many Internet users remain unaware of the
issue, behind the scenes Internet providers employ a variety of
mechanisms to control the flow of traffic on their networks, with some
restricting or throttling the speeds for some applications.
The Commission unveiled its Internet
traffic management practices in
October 2009, establishing enforceable guidelines touted as the
world’s
first net neutrality regulations. Where a consumer complains, Internet
providers are required to describe
their practices, demonstrate their necessity, and establish that they
discriminate as little as possible. Targeting specific applications or
protocols may warrant investigation and slowing down time-sensitive
traffic likely violates current Canadian law.
While there was a lot to like about the CRTC approach, the immediate
concern
was absence of an enforcement mechanism. Much of the
responsibility for gathering evidence and launching complaints was left
to individual Canadians who typically lack the expertise to do so.
Nearly two years later, my weekly technology law column (Toronto Star
version, homepage
version) posts an investigation into the system that
reveals those
concerns were well-founded.
Although the CRTC has not publicly disclosed details on net neutrality
complaints and the resulting investigations, I recently filed an Access
to Information request to learn more about what has been taking place
behind the scenes. A review of hundreds of pages of documents discloses
that virtually all major Canadian ISPs have been the target of
complaints, but there have been few, if any, consequences arising from
the complaints process. In fact, the CRTC has frequently dismissed
complaints as being outside of the scope of the policy, lacking in
evidence, or sided with Internet provider practices.
barrett xplore, bell, crtc, itmp, net neutrality, rogers Slashdot, Digg, Del.icio.us, Newsfeeder, Reddit, StumbleUpon, TwitterTagsShareFriday July 08, 2011 |
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Friday June 10, 2011 |
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Teresa Murphy has filed another complaint
against Rogers over its Internet traffic management practices, claiming
its alleged fix of problems with World of Warcraft have not worked.
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Wednesday March 30, 2011 |
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Teresa Murphy, who filed the original complaint against Rogers over its
throttling of World of Warcraft, has submitted a detailed
response
to the Rogers response. It calls on Rogers to drop its throttling
practices and reimburse subscribers for damages resulting from its
practices.
crtc, itmp, rogers, throttling, world of warcraft Slashdot, Digg, Del.icio.us, Newsfeeder, Reddit, StumbleUpon, TwitterTagsShareWednesday March 30, 2011 |
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