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


----- Forwarded message from David Farber <dave@farber.net> -----

Date: Wed, 17 Jun 2009 16:59:29 -0400
From: David Farber <dave@farber.net>
Subject: [IP] Response to newsletter 13-6-09 to UK and Europe Throttling and
	the Future management of ICANN
Reply-To: dave@farber.net
To: ip <ip@v2.listbox.com>



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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----- End forwarded message -----