Post Tagged with: "net neutrality"

Net Neutrality in Canada Still a Work in Progress

The release last week of the Canadian Radio-television and Telecommunications Commission's report on Internet traffic management – known as the net neutrality decision – attracted national attention. Canadians, Internet service providers, and politicians debated whether the regulator had struck the right balance in addressing how ISPs manage Internet traffic. While some headlines seemed to suggest that the CRTC has given Canada's ISPs the green light to do as they please, my weekly technology law column (Toronto Star version, homepage version) argues the reality is that the decision establishes several notable requirements and restrictions, but leaves the door open for further action from the government.  

First, the commission adopted a new test to determine reasonable traffic management practices.  Where a consumer complains, ISPs will be required to describe their practices, demonstrate their necessity, and establish that they discriminate as little as possible.  The CRTC added that targeting specific applications or protocols may warrant investigation and slowing down time-sensitive traffic likely violates current Canadian law.

Second, the commission rejected arguments that the market would ensure ISPs provide adequate disclosure on how they manage their networks.  Instead, it mandated full disclosure of traffic management practices, including information on when they occur, which applications are affected, and their impact on Internet speeds.

Third, the CRTC banned the use of personal information obtained through deep-packet inspection for anything other than traffic management purposes.  By also prohibiting the disclosure of such information, the commission ensured that inspecting user traffic cannot be parlayed into marketing opportunities.

These conditions ensure that traffic management is not a free-for-all. The days of ISPs arguing they can do whatever they please on their networks – as some intimated during the summer hearing – are over.

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October 26, 2009 26 comments Columns

Net Neutrality in Canada Still a Work in Progress

Appeared in the Toronto Star on October 26, 2009 as Internet Providers Ease Back on Throttle The release last week of the Canadian Radio-television and Telecommunications Commission's report on Internet traffic management – known as the net neutrality decision – attracted national attention. Canadians, Internet service providers, and politicians debated […]

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October 26, 2009 Comments are Disabled Columns Archive

CRTC Sets Net Neutrality Framework But Leaves Guarantees More Complaints

The CRTC's net neutrality (aka traffic management) decision is out and though it does not go as far as some advocates might hope, it unquestionably advances the ball forward on several important fronts.  When considering the decision, it is important to remember that 12 months ago, there was virtually no ISP disclosure of traffic management practices and even an unwillingness to acknowledge that there was an issue.  Today's CRTC decision signifies that traffic management is not a free-for-all and the days of ISPs arguing that they can do whatever they please on their networks is over.  That said, it also guarantees that traffic management practices such as throttling will continue and it is going to take more complaints to concretely address the issue.

The key elements of the decision on retail services:

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October 21, 2009 35 comments News

CRTC’s Net Neutrality Decision Coming This Week

The CRTC has announced that it will release its net neutrality decision this week.

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October 19, 2009 1 comment News

FCC Takes Stand For Net Neutrality

FCC Chair Julius Genachowski is delivering a speech this morning that takes a strong stand for a free and open Internet (the U.S. regulator has also launched OpenInternet.gov as a site to debate the issue). A transcript of the prepared remarks indicates that the FCC Chair wants to formally establish six principles as Commission rules related to net neutrality.  The FCC is focusing on non-discrimination and tranparency as well as making it clear that the rules should apply across platforms – broadband, mobile, and satellite.  Key quotes:

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September 21, 2009 7 comments News