Response to newsletter 13-6-09 to UK and Europe Throttling and the Future management of ICANN

[David Farber <dave () farber net>]

Begin forwarded message:

From: Mike Kiely <mkiely () bbbritain co uk>
Date: June 15, 2009 9:59:11 AM EDT
To: <nnsquad () nnsquad org>
Subject: [ NNSquad ] Response to newsletter 13-6-09 to UK and Europe  
Throttling and the	Future management of ICANN


I wanted to comment on David Farbers concerns regarding net  
discrimination in the UK and Europe.  Given that the European  
Commission is seeking some say over ICANN from October 1st,  then it  
would be in all our interests to get the EU to commit formally to a  
set of internet principles,  which includes Neutrality,  before those  
folk are allowed anywhere near the Internet.  The Norwegian Net  
Neutrality principles look a good start.

The issues on UK non-neutrality have been perculating for some time.   
The 'free' and 'unlimited' offers are being replaced with 10GB, 20GB  
and 50GB packages with associated FUPs (fair usage policies).  The  
latter are found in the deep end of the online help system. It is now  
the 'unlimited' packages which have the most detailed FUPs. The FUPs  
provide the ISPs discretion,  but the regulator keeps an eye on  
discriminatory behaviour.  The limited amount of backhaul per user  is  
not explained, but exists in the planning rules - circa 20Kbps-30Kbps  
per user.  To be clear the regulator will permit discriminatory  
behaviour so long as it is not unfair,  i.e. punish heavy users  
equally.  It is this last point we will be argueing over for some time  
as the battle over affordability and who does the traffic management  
and on what basis continues.  There is a House of Commons hearing on  
17th-18th July on the matter.

In Europe,  UK and European users successfully got our MEPs to reject  
the 'three strikes' amendments and forced,  we think,  the Telecoms  
package into a third reading. I say,  we think because law making in  
the European Union bodies is less accountable and less tansparent than  
we would like.  A good deal of law is forced through by negotiations  
between Parliament,  which is elected and the European Council and  
European Comission which are not elected but appointed.  We are still  
awaiting the precise outcome but the Commission and the Council are  
trying push the legislation through quickly and avoid further delay  
and scrutiny.

As it stands the net discrimination clauses (aka AT&T / and the wiki  
amendments) remain, following amendments pushed by UK conservative  
MEPs  and wording supplied by UK civil servants equating the Internet  
with Cable TV usage.  The latter was in the context of defining  
markets through competitive forces,  such that affordable broadband  
services could equate with ISPs deciding what you could and could not  
see of the web.  A further blog is available here -http://broadbandbritain.spaces.live.com/blog/ 
  The blog requests that the Telecom Package remains technology  
neutral permitting the creation of functionally equivalent legacy  
services over our new connectivity options.

While we wait for an outcome from the EU institutions, one of the ways  
European users could bring pressure is the European Comissions desire  
to have a say in the governance of ICANN.   As a UK and European user  
I would feel very uneasy about the European Comission having a say on  
ICANN until there was an adequate recognition by the Comission of the  
internet and internet technologies as capable of providing functional  
equivalents to legacy telecom services.

Regards

Mike Kiely

http://www.bbbritain.co.uk


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