[P2P-F] Fwd: [opennetcoalition] Letter to the Council of the European Union: "Don't Turn Your Backs on Net Neutrality!"

Wed Nov 26 15:03:12 CET 2014

---------- Forwarded message ----------
From: La Quadrature du Net <contact at laquadrature.net>
Date: Wed, Nov 26, 2014 at 8:34 PM
Subject: [opennetcoalition] Letter to the Council of the European Union:
"Don't Turn Your Backs on Net Neutrality!"
To: opennetcoalition at laquadrature.net

Themes: NET NEUTRALITY, COUNCIL OF THE EUROPEAN UNION, ANDRUS ANSIP,
GÜNTHER OETTINGER, OPEN LETTER

La Quadrature du Net – Joint Letter – For immediate release

Permanent link:
https://www.laquadrature.net/en/letter-to-the-council-of-the-european-union-dont-turn-your-backs-on-net-neutrality

Letter to the Council of the European Union: "Don't Turn Your Backs on Net
Neutrality!"

*** Paris, November 26, 2014 — Tomorrow on Thursday November 27th, the
"Transport, Telecommunications and Energy" (TTE) Council will meet in
Brussels to discuss the general approach on Telecom Single Market the
Italian Presidency sent to the delegations of the Member States on November
14th. This text, which aims at protecting Net Neutrality and therefore the
freedom of our communications, unfortunately lost the innovative and
revolutionary features of the resolution voted by the European Parliament
on April 3rd. The Italian Presidency, in fact, gives way to the industrial
lobbies' interests and ignores the massive citizen mobilization which has
taken place in the spring of 2014.
Jeopardizing Net Neutrality means infringing the fundamental rights and
freedoms of every single European citizen; for this reason and to remind
our representatives their responsibilities, La Quadrature du Net and its
European partners sent a letter to the Council of the European Union in
order to call its ministers to reject the text under discussion and come
back to a real protection of everyone's indicidual rights and freedoms. ***

Wednesday 26 November, 2014

Dear Council members,

We, the undersigned organisations, urge you to adopt strong Net Neutrality
rules, and to reject the most recent proposal made by the Italian
presidency.

Without clear rules on Net Neutrality, the larger access providers become
gatekeepers – with the power to allow access to their customers to those
who can pay for the privilege and to exclude all others.

The Italian proposal of 14 November [1] fails to deliver the promise of an
open internet mainly because it lacks a clear definition of Net Neutrality
and doesn't effectively outlaw all forms of online discrimination, such as
price discrimination. Accepting any such proposal would amount to a
rejection of Net Neutrality and have serious repercussions for innovation
and freedom of communication in Europe and around the world.

Net Neutrality is the principle that all data shall be treated equally –
both in the network and for billing purposes. Enshrining Net Neutrality in
law is the only way to ensure that the Internet will remain open for
innovation and a platform for the fostering of human rights.

* Net Neutrality is good for the European economy *

In a digital single market, Net Neutrality stimulates European fair
competition and innovation. There will be equal access to the Internet for
small and medium enterprises and start-ups. This also stimulates consumer
choice, without having access providers picking winners and losers in the
market. Undermining Net Neutrality would lead to the creation of new
barriers to the online marketplace at a time when the EU is seeking to
dismantle them.

* Net Neutrality safeguards human rights *

Net Neutrality is also important for human rights and society. Being able
to express oneself freely should not be dependent on the whims of Internet
access providers. This means news sources and content providers should be
equally accessible to all and not dependent on being able to pay for fast
access or being subject to additional data charges. Minimising incentives
to interfere in online traffic also reduces risks of censorship and
surveillance.

* The current proposal lacks clear definitions *

The Presidency appears to be proposing the deletion of both the definition
of Net Neutrality and specialised services. It only includes some language
on the objective of Net Neutrality and does not address the specialised
services loopholes. We know from experience that such weak text will be of
no practical value in a telecommunications market [2].

* The current proposal allows for price discrimination *

Perhaps most concerning, the Council text on Article 23 is unclear on
discrimination on the basis of pricing. Net Neutrality is the principle
that access providers should not have the right to decide who gets access
to their customers and who does not. If certain services can be accessed
without additional costs, while others are subject to additional charges,
then the practical effect is the same as blocking or throttling the
services that cannot pay for privileged access.

* The current proposal allows for fast and slow lanes *

The incoherence of the “traffic management” exceptions is so complete that
almost anything becomes possible.

For instance, article 23.2.f specifically allows access providers to
interfere with traffic in order to ensure the provision of other services
to the user. This would create the possibility of certain services being
contractually put into a “fast lane”, with restrictions being placed on all
other services being put into a slow lane. Article 23 contains a number of
provisions which would empower telcos to undertake blocking and censorship
measures which, according to the EU charter of Fundamental Rights, must be
based on law.

* We need real Net Neutrality *

We need clear EU rules that outlaw any type of network discrimination such
as blocking, throttling, and price discrimination. This also includes
so-called “zero-rated” services. Political leadership is needed. Either we
recognise the value of the open, democratic, innovative Internet and
legislate to protect it, or we allow a few former monopolies to re-assert
their monopoly rights, restricting competition, restricting innovation and
restricting freedom of communication. The Italian draft claims to be the
former, while clearly being the latter. Europe deserves better.

Sincerely,

Signatories;
 * Access
 * Alternative Informatics Association
 * Asociatia pentru Tehnologie si Internet (ApTI)
 * Bits of Freedom
 * Chaos Computer Club (CCC)
 * Digitale Gesellschaft
 * Digital Rights Ireland
 * Greenhost
 * Initiative für Netzfreiheit
 * Electronic Frontier Foundation Finland (EFFI)
 * European Digital Rights (EDRi)
 * IT-Politisk Forening (IT-Pol)
 * La Quadrature du Net
 * Net Users' Rights Protection Association (NURPA)
 * OpenForum Europe (OFE)
 * Vrijschrift

* References *

1. https://www.laquadrature.net/en/is-the-eu-giving-up-on-net-neutrality

2.
http://www.ectaportal.com/en/PRESS/ECTA-Press-Releases/2008/Europeans-pay-over-10-Billion-a-year/-print/Underlying

** 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

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