[P2P-F] Fwd: [fcf_discussion] EU Parliament Negotiations on Net Neutrality Taking a Disastrous Turn

Wed Feb 19 01:11:20 CET 2014

---------- Forwarded message ----------
From: La Quadrature du Net <contact at laquadrature.net>
Date: Tue, Feb 18, 2014 at 5:39 AM
Subject: [fcf_discussion] EU Parliament Negotiations on Net Neutrality
Taking a Disastrous Turn
To: fcforum_discussion at list.fcforum.net

Themes: NET NEUTRALITY, EUROPEAN PARLIAMENT, PILAR DEL CASTILLO VERA,
CATHERINE TRAUTMANN, JENS ROHDE, NEELIE KROES

La Quadrature du Net - For immediate release

Permanent link:
https://www.laquadrature.net/en/eu-parliament-negotiations-on-net-neutrality-taking-a-disastrous-turn

EU Parliament Negotiations on Net Neutrality Taking a Disastrous Turn

*** Paris, 18 February 2014 -- On 24 February, the "Industry" (ITRE)
committee of the European Parliament will take a crucial decision for the
future of Net Neutrality in Europe, by adopting its report, on the basis of
which the whole Parliament will vote. As things currently stand, Members of
the European Parliament in ITRE still have the possibility to ensure a
genuine and unconditional Net Neutrality principle, as proposed [1] by
others committees, so as to protect freedom of expression and online
innovation. But instead, all might be lost because the liberal (ALDE) and
socio-democrat (S&D) political groups seem ready to adopt the disastrous
proposals made by Pilar Del Castillo Vera, the lead rapporteur in charge of
this dossier. Unless citizens act and key MEPs show political leadership,
we may be about to lose the Internet as we know it. ***

On 24 February, the "Industry" (ITRE) committee will vote on its final
report on Kroes' anti-Net Neutrality proposal [2].

As demonstrated by the "Civil Liberties" (LIBE) committee's vote [1] last
week, MEPs have the opportunity to implement effective safeguards to
protect Net Neutrality by correcting the huge loopholes of the text.

But in the ITRE committee, the negotiations behind closed doors between
political groups on so-called "compromise amendments" have taken an
extremeley worrying turn, as the principle of Net Neutrality is being
turned upside down to please the telcos. Current versions of compromise
amendments [3] (commented by La Quadrature du Net) would allow telecom
operators to:
    - degrade certain types of traffic (e.g. peer-to-peer) while letting
other types of traffic enjoy a normal delivery [4];
    - make deals with Internet services (e.g. YouTube or Netflix) to grant
them priorised delivery through so-called specialised services [5].

Currently, only the centrist/liberal (ALDE) and socio-democrat (S&D)
groups, led respectively by Jens Rohde (DK - ALDE) and Catherine Trautmann
(FR - S&D), are in the position to oppose the rapporteur and positively
influence the outcome of next week's ITRE vote. It seems however that Mrs.
Trautmann does not firmly endorse the positions adopted in the LIBE
committee, and could be ready to accept the rapporteur's compromise
amendments even though they fail to protect Net Neutrality. Only in this
way can they ensure that ITRE will propose to the EU Parliament to adopt a
meaningful protection of Net Neutrality.

In the coming days, it is urgent and imperative for European citizens to
get involved [6] and urge these MEPs to protect the public interest by
following the opinion of the "Civil Liberties" committee rather than the
dangerous position of rapporteur Pilar Del Castillo. The vote on the final
ITRE report will take place on Monday, 24 February at the EU Parliament in
Strasburg, France.

"In these ongoing secret negotiations, lead MEPs in charge of this dossier
are about to give up on Net Neutrality, letting big corporations
discriminate our Internet communications and dominate [7] the digital
economy. In the coming days, European representatives who really care for
the Internet commons will have to show leadership, by pushing for a real
definition of Net Neutrality and making sure that it is not bypassed
through so-called ''specialised services"", says Félix Tréguer, cofounder
of the association La Quadrature du Net.

"On 24 February, we have a unique opportunity to move toward the
establishment of a genuine and unconditional Net Neutrality in Europe, but
citizen participation is urgently needed. The ACTA vote showed that MEPs
could be influenced by a broad citizen mobilisation. It is still the case
today, especially with the upcoming European elections [8]", concludes
Yoann Spicher, campaign coordinator at La Quadrature du Net.

Every European citizen can act to influence the evolution of Net Neutrality
by calling on their MEPs [9] to establish solid protections of the free
Internet. To get on board, please visit the campaign website
savetheinternet.eu.

* References *

1.
https://www.laquadrature.net/en/eu-parliament-civil-liberties-committee-paves-the-way-for-real-net-neutrality

2.
https://www.laquadrature.net/en/kroes-unacceptable-anti-net-neutrality-law-rushed-despite-criticisms

3.
https://www.laquadrature.net/files/20140218_ITRE_NetNeutrality_DraftCA4_OpenInternet_LQDN.pdf

4. Rapporteur Del Castillo shamelessly proposes in recital 45 that Net
Neutrality be defined as the principle according to which only equivalent
traffic be treated equally, allowing for different quality of service for
e.g. video traffic and VOIP traffic. In many other policy arenas, it is
well understood and consensusal that Net Neutrality implies that all types
of traffic are treated equally, as specified in the LIBE's opinion report

5. By refusing to ban the delivery of specialised services for Internet
services (or services "functionally identical" to such services) (a ban
recommended by the LIBE report), articles 2.15 and 23.2 as proposed in ITRE
open the door to the priorisation of Internet services in a way which would
completely bypass the Net Neutrality principle and undermine fair
competition in the digital economy.
Priorisation of Internet services or functionally identical services
demands much more in-depth analysis before it should even be considered to
be authorised by law, as it entails serious threats to innovation and fair
competition in the digital economy. After the adoption of the regulation
that must ban such priorisation, a debate should be held to define strong
and detailed legal and technical non-discrimination safeguards to ensure
that any content or service provider can benefit from such priorisation,
free of discrimination, at reasonable rates and subject to reasonable terms
and conditions. Such safeguard should be much clearer that the vague
non-discrimination principle at the end of article 23.2.
For instance, safeguards should include prior authorisation by National
Regulatory Authorities (NRA) of classes of specialised services, with
strong presumption against specialised services raising anti-competitive
risk to Internet services; prior registration, transparence and careful
assessment of any specialised services activated by providers of electronic
communication; technical framework regarding interconnection and admission
control, etc.).
Such a public debate should include SMEs, civil society organisations, and
NRAs, who were not consulted on this specific issue.
Note that existing specialised services, e.g. for VoIP and TVoIP, are not
"functionally identical" to best-effort Internet VoIP (e.g. Skype) or
streamed TV programmes, and would not be hampered by LQDN's proposed
version of articles 2.15 and 23.2.

6. http://www.savetheinternet.eu/

7. http://edri.org/wp-content/uploads/2014/02/1pager_SMEs.pdf

8. http://www.wepromise.eu/

9. https://www.laquadrature.net/wiki/How_to_contact_a_MEP

** About La Quadrature du Net **

La Quadrature du Net is an advocacy group that defends 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:
https://www.laquadrature.net/en/they-support-la-quadrature-du-net

** Press contact and press room **

contact at laquadrature.net, +33 (0) 972 294 426

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

-- 
*Please note an intrusion wiped out my inbox on February 8; I have no
record of previous communication, proposals, etc ..*

P2P Foundation: http://p2pfoundation.net  - http://blog.p2pfoundation.net

<http://lists.ourproject.org/cgi-bin/mailman/listinfo/p2p-foundation>Updates:
http://twitter.com/mbauwens; http://www.facebook.com/mbauwens

#82 on the (En)Rich list: http://enrichlist.org/the-complete-list/
-------------- next part --------------
An HTML attachment was scrubbed...
URL: https://lists.ourproject.org/pipermail/p2p-foundation/attachments/20140218/8b45b825/attachment.htm 