[P2P-F] Fwd: [fcf_discussion] Net Neutrality: The European Commission Gives Up on Users and Innovators

Wed Apr 20 15:47:24 CEST 2011

---------- Forwarded message ----------
From: La Quadrature du Net <jz at laquadrature.net>
Date: Wed, Apr 20, 2011 at 7:44 PM
Subject: [fcf_discussion] Net Neutrality: The European Commission Gives Up
on Users and Innovators
To: fcforum_discussion at list.fcforum.net

La Quadrature du Net - For immediate release

Permanent link:
http://www.laquadrature.net/en/net-neutrality-the-european-commission-gives-up-on-users-and-innovators

Net Neutrality: The European Commission Gives Up on Users and Innovators

*** Paris, April 19th, 2011 – The European Commissioner for the Digital
Agenda, Neelie Kroes, has submitted her long-due report on Net neutrality to
the Parliament. This extremely disappointing document rules out any
immediate measures against telecoms operators who continually restrict EU
citizens' access to the Internet. Hiding behind false free-market arguments,
Mrs Kroes gives way to anti-competitive practices harmful to citizens'
freedom of communication and to innovation in the digital environment. ***

The long-awaited report [1] published today fails to offer a convincing
policy to protect a free, open and therefore neutral Internet. Under heavy
pressure, Kroes carefully avoids taking any action to regulate the way
Internet access providers discriminate their users' Internet traffic. The
report actually recycles many statements from the telecoms lobby in order to
present them as consensual truths [2].

Last week, a cross-party mission from the French Parliament issued a
courageous report denouncing the anti-competitive and dangerous behaviour of
operators. The document relied on a sound definition of Net neutrality to
propose pro-active regulation [3]. Neelie Kroes' report does the opposite by
turning this founding principle into a mere competition issue, stating that
there is no problem and that any bad behaviour will be solved by the market
anyway.

"This very disappointing report contrasts with Commissioner Neelie Kroes'
multiple statements regarding the importance of preserving Net neutrality in
order to protect EU citizens' fundamental freedoms. Quite shockingly, the
Commission thinks that Net neutrality is compatible with traffic
differentiation on the public Internet. This clearly favors telecoms
operators who want to boost their profit margins by discriminating users'
communications," declares Félix Tréguer, in charge of policy and legal
affairs at La Quadrature du Net.

According to Neelie Kroes' report, “bad press” for operators and users
“voting with their feet” by switching operators can solve any infringement
of Net neutrality. But this simplistic spin does not stand the test of
reality. In practice, millions of users can only chose one operator to
connect to the Internet, either because of geographical or commercial
constraints.

“Mrs Kroes hides behind false free-market arguments to do nothing at all,
pretending that competition and consumer law can successfully address the
issue. In most Member States, mobile phone operators agree on engaging in
the very same discriminations in their so-called 'mobile Internet' offers.
These operators simply do not offer access to the universal platform of
communications we call 'the Internet'. By turning a blind eye on these
practices, the Commission covers anti-competitive behaviours that hinder
innovation and violate users' freedom of communication,” concludes Jérémie
Zimmermann, spokesperson for the citizen organization.

For more information, see La Quadrature's response to the Net neutrality
consultation [4].

* Références *

1. During the revision of the “Telecoms Package” directives, EU institutions
purposefully avoided addressing the severe breaches to Net neutrality that
telecoms operators already engage in for their commercial interests. At the
end of the legislative procedure, in late 2009, the EU Commission
nevertheless promised to the European Parliament a report on the issue by
the end of 2010.

2. For instance it justifies blocking of peer-to-peer traffic as an
“entirely legitimate” practice to handle congestion, totally ignoring the
fact that this very peer-to-peer architecture has been a key enabler for the
Internet's immense growth and variety of applications. If Neelie Kroes'
policy had been implemented in the 1980s, the Internet simply wouldn't
exist.

3. The French parliamentary report includes a call for the legislative
protection of Net neutrality, which is defined as "the ability of Internet
users to send and receive any application of their choice, to connect any
device and use the programs of their choice, as long as they do not harm the
network, with a quality of service that is  transparent, sufficient and
non-discriminatory (...)". Unlike the Commission, French MEPs make a strict
interpretation of the non-discrimination criteria, as the report explains
that all traffic should be treated equally, thereby rejecting so-called
traffic differentiation (which allows for different treatments according to
the type of traffic). See p. 71.

4.
http://www.laquadrature.net/en/la-quadrature-answers-the-eu-questionnaire-on-net-neutrality

** About la Quadrature du Net **

La Quadrature du Net is an advocacy group that promotes the rights and
freedoms of citizens on the Internet. More specifically, it advocates for
the adaptation of French and European legislations to respect the founding
principles of the Internet, most notably the free circulation of knowledge.

In addition to its advocacy work, the group also aims to foster a better
understanding of legislative processes among citizens. Through specific and
pertinent information and tools, La Quadrature du Net hopes to encourage
citizens' participation in the public debate on rights and freedoms in the
digital age.

La Quadrature du Net is supported by French, European and international NGOs
including the Electronic Frontier Foundation, the Open Society Institute and
Privacy International.

List of supporting organisations :
http://www.laquadrature.net/en/they-support-squaring-net-la-quadrature-du-net

** Press contact and press room **

Jérémie Zimmermann, jz at laquadrature.net, +33 (0)615 940 675

http://www.laquadrature.net/en/press-room

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