Bill C-398 ‘necessary and timely’: Charlie Angus
p2pnet news view | P2P | Politics:- NDP digital affairs critic Charlie Angus waded back into the Net neutrality fight when last Friday, he tabled Bill C-398 written, he said, to make sure future development of the Net isn’t impeded by, “unfair throttling or interference by telecom giants”.
The principle is simple, it’s the consumer, not the corporations, who should be deciding what content has value on the internet, he stated, going on:
“We can’t sit back and allow the telecom giants to arbitrarily decide which content should be in the fast lane and which content should be pushed to a slow lane.
“Throttling of third-party ISP competition should be a wake-up call for Canadian consumers.”
The telecom giants, “don’t own the internet and they shouldn’t be able to use their position as service providers to give priority to their own content.”
One day short of a year ago, a bill Charlie tabled included this »»»
36.1 (1) Network operators shall not engage in network management practices that favour degrade or prioritise any content, application or service is transmitted over a broadband network based on its source, ownership or destination.
(2) Nothing in subsection (1) shall be construed as limiting or restricting the right of a network operator to:
(a) Manage the flow of network traffic in a reasonable manner in order to relieve congestion;
The bill he tabled on Friday included this »»»
Network management practices
36.1 (1) Telecommunications service providers shall not engage in network management practices that favour, degrade or prioritize any content, application or service transmitted over a broadband network based on its source, ownership, destination or type.
Exceptions
(2) Nothing in subsection (1) shall be construed as limiting or restricting the right of a telecommunications service provider to
(a) manage the flow of network traffic in a reasonable manner in order to relieve extraordinary congestion;
In 2008, torrent lover commented:
“Too many wiggle words, not enough punch. You can bet they’ll argue that blocking P2P traffic is done in accordance with clause 2a.
“The bill practically gives the ISPs permission to screw with us.”
This time around, “Totally toothless,” says Same old same old, quoting the sections cited above.
However, “The New Democratic Party believes that Bill C-398 is necessary and timely,” Angus told p2pnet, going on »»»
The bill will help focus a political discussion in this country about the future development of the digital commons. As well, the bill provides straightforward ground rules regarding bandwidth management practices by the major telecoms.
This bill is simple. It amends the Telecommunications Act so that the CRTC will have clarification in ensuring that the Telecoms do not engage in anti-competitive practices. Given the recent CAIP case against net throttling of smaller ISPs the need for such rules are obvious.
The rules are also required to ensure that the Telecoms, who are massive, vertically-integrated entertainment industries, are not given an unfair advantage in using net ‘management’ to squeeze out competing applications like VOIP while giving unfair speed advantage to their own VOD services.
Canada is not alone in dealing with these issues. Internationally we have seen telecoms musing publicly about relegating websites to the slow lane if content ‘taxes’ aren’t being paid. The question is not whether there will be regulation of the internet, but whether or not there will scrutiny of the telecoms’ behavior.
If we are to maintain the unprecedented economic and social innovations brought about by digital culture we need to ensure that the fundamental principle of net neutrality is maintained. As Vinc Cerf of Google stated: ‘The internet’s open, neutral architecture has provided an enormous engine for market innovation, economic growth, social discourse and the free flow of ideas.’
The New Democratic Party believes the issue of net neutrality must be examined through a lens of ensuring continued innovation. Bill C-398 will help ensure that digital innovation continues unimpeded by corporate interference.
Here’s the 2009 bill as tabled »»»
1993, c. 38 An Act to amend the Telecommunications Act (Internet neutrality)
Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows:
1. The Telecommunications Act is amended by adding the following after section 36:
Network management practices
36.1 (1) Telecommunications service providers shall not engage in network management practices that favour, degrade or prioritize any content, application or service transmitted over a broadband network based on its source, ownership, destination or type.
Exceptions
(2) Nothing in subsection (1) shall be construed as limiting or restricting the right of a telecommunications service provider to
(a) manage the flow of network traffic in a reasonable manner in order to relieve extraordinary congestion;
(b) provide reasonable security protection for a user’s computer or the network;
(c) give priority to emergency communications;
(d) offer directly to each user service at different prices based on defined levels of bandwidth or the actual quantity of data flow over a user’s connection;
(e) offer directly to each user consumer protection services, including parental controls for indecency or unwanted content, software for the prevention of unsolicited commercial electronic messages, or other similar capabilities, provided that the user is given clear and accurate advance notice of his or her ability to refuse or subsequently disable each consumer protection service;
(f) handle breaches of the terms of service, provided the terms of service are not inconsistent with subsection (1); and
(g) act in accordance with federal and provincial law.
Attaching a device
(3) Telecommunications service providers shall not prevent or obstruct a user from attaching any device to their network, provided the device does not physically damage the network or substantially degrade the use of the network by other subscribers.
Information available to user
(4) Telecommunications service providers shall make available to each user information about the user’s access to the Internet, including the speed, limitations, and network management practices of the user’s broadband service at any given time.
Open Internet Town Halls
Meanwhile, SaveOurNet.ca says it’s staging Open Internet Town Halls to spark discussions about the future of the Internet.
Toronto – Monday June 8, 2009, 7:00pm – Gladstone Hotel (1214 Queen St. West)
Speakers:
Mark Surman – executive director, Mozilla Foundation
Rocky Gaudrault – CEO, Teksavvy Solutions
Derek Blackadder – CUPE national representative
Steve Anderson – Co-founder, SaveOurNet.ca
http://saveournet.ca/toronto
Ottawa - Wednesday June 10, 2009, 7:00pm – Ottawa Public Library Main Branch (120 Metcalfe St)
Speakers:
Professor Michael Geist
Charlie Angus
Rocky Gaudrault
Bill St. Arnaud – chief research officer, CANARIE
Discussion facilitator: Marita Moll – TeleCommunities Canada
http://saveournet.ca/ottawa
Vancouver – Saturday June 20, 2009, tbd – Session at Vancouver ChangeCamp, BCIT Downtown Campus (555 Seymour St)
Speakers:
Rocky Gaudrault
Steve Anderson
[More to come ...]
http://vanchangecamp.eventbrite.com/
SaveOurNet.ca fundraiser
6:00pm – 8:00pm – social / film screening
8:00pm – 2:00am – party
Special Guests:
Quest Poetics feat: Mello Black, Mario Vaira, & DJ Hayze
[More to come ...]
http://vanchangecamp.eventbrite.com/
http://saveournet.ca/townhall
unfair throttling or interference – Net Neutrality back on the front burner, May 28, 2009
a year ago – Charlie Angus Net Neutrality bill, May 28, 2008
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Net access blocked by government restrictions? Use Psiphon from the Citizen Lab at the University of Toronto. Go here for details.
June 2nd, 2009 at 1:53 pm
with bell the only one supplying data to the CRTC, and no 3rd party unbiased party doing so this section makes all the legislation MOOT
(2) Nothing in subsection (1) shall be construed as limiting or restricting the right of a network operator to:
(a) Manage the flow of network traffic in a reasonable manner in order to relieve congestion;
BELL ROGERS ET ALL WILL JUST LIE.