Earlier this week, some reports suggested the EU is launching an investigation into internet traffic throttling and blocking. I read the source material differently. To me, this looks more like talk than action
First off, let’s remember that for the past 18 months or so, Canada has led the world in having an actual net neutrality regulatory framework in place.
The Associated Press reports that the EU has asked its member countries to investigate whether ISPs block or slow traffic in a way that harms consumers.
If national telecommunications regulators find that providers are not transparent enough about how they manage their services or make it too difficult for users to switch, the European Commission, the EU’s executive, may propose new legislation to protect the principle of “net neutrality.”
But there is already an acknowledgment from the EU that some traffic is OK to be managed:
In its report Tuesday, the Commission says “it is widely accepted” that providers have to slow down some services to allow others to work.
“A consumer’s experience is not affected if an email reaches him a few seconds after it has been sent, whereas a similar delay to a voice communication would cause it to be significantly degraded, if not rendered entirely useless,” the Commission said.
Another report suggests that the exercise may be to develop a “name and shame” list.
Be sure to review the actual releases from the European Commission, including the press release on ISP transparency, the briefing remarks, and the communication from the Commission to the European Parliament [pdf, 157 KB].
There is a recognition of the need to permit operators to determine their own business models, while seeking to offer consumers choice and the ability to easily switch service providers if they are not satisfied with their access to lawful content.
Any additional regulation should avoid deterring investment, or innovative business models, lead to a more efficient use of the networks and to creating new business opportunities at different levels of the internet value chain while reserving for consumers the advantages of a choice of internet access products tailored to their needs.
The briefing remarks seem to indicate that Commissioner Neelie Kroes would ideally like to see market forces used to enable consumer choice.
If I am not satisfied that consumers can counteract such practices by switching providers, I will not hesitate to introduce more stringent measures. That could be in the form of more prescriptive guidance, or even legislation if it is needed.
We’ll see how this investigation translates into new legislation or operator codes of conduct.