#Proteste #MarcoCivil workshop Sao Paolo 17 March 2015

1. by Chris Marsden
*

6. [1999] Pluralism in the Multi-Channel
Television Market:
*Suggestions for Regulatory Scrutiny
*Council of Europe Human Rights Commission,
*Mass Media Directorate, Strasbourg, France
*MM-S-PL [99]12 Def2.
*

7. *“AOL, WorldCom and other Internet companies
*again urged federal authorities to bar cable operators striking
exclusive deals on high-speed Internet service
*Internet providers want to be sure that consumers will enjoy the
same open access to their services via cable networks that they
now have over phone lines …
*AT&T Corp.'s planned acquisition of MediaOne Group
Inc…renewed the interest of regulators and Congress.”
*

8. *
Lessig and Lemley FCC submission:
*‘The end of End-to-End’
*Fear of closed duopoly model

10. 10
Book launched
February 2010
100,000
downloads
first 2 months
2nd edition in
paperback 2016

11. *

12. *Our politicians are largely useless idiots

13. *

14. *

17. *

18. *

21. *

22. *
*“It’s a max of £2/min to call,
*£1.25 to receive calls,
*35p to send SMS &
*£6/MB to use web”

23. *That is: R10 a minute!
*Or R30/MB
*R30,000 /GB
*So don’t call me, tweet
*@ChrisTMarsden
*I know I can’t be anonymous in Brazil…

24. *

28. *

29. *
Country Legal Approach
Netherlands 15 May 2012 (S.7.4.a of Telecoms Law)
Chile &
Finland
Universal access to ‘unfiltered’
Internet
United
States
FCC Open Internet Order Sept ‘11
Norway Co-regulation – 2009 agreement
Canada CRTC rules 2009 (not implemented?)
Japan, UK
France
Self-regulation unenforced
ARCEP ‘Ten Principles ‘

30. *Happy 6th birthday – since March 2009
*Cause: ISP blocking national broadcaster video service
*Enforced by co-regulatory pact – complaints?
*Now formalised in law – so definitely NOT self
*Other countries tried less effective forms of ‘co’
*While pretending it’s really ‘self’: US and UK
*

31. *Deny – problem does not exist until 2006?
*Delay – attempt switching/transparency solutions –
*some success: changes in General Conditions 2006-8
*Using SamKnows to measure performance 2010-
*Broadband Speed Code of Conduct 2008-12
*Degrade – switch argument into co-regulatory forum:
*Broadband Stakeholder (sic) Group
*An industry forum funded in part by government
*Corporatist conceit
*

33. *
*BEREC (2010) Response to the European Commission’s consultation
on the open Internet and net neutrality in Europe, BoR (10)42
*Charlie Dunstone, Chairman, TalkTalk
*Ofcom International Conference, November 2006
“We shape traffic to restrict P2P users.
I get hate mail at home from people
when that means we restrict
their ability to play games.
I’ve got 2 people threatening to kill me”

34. *Ofcom tried to strong-arm ISPs into self-regulation
*Broadband Code of Conduct in 2009/10
*BSG transparency code of practice 2011
*Minister Vaizey had to do same for this BSG approach
*Ofcom research with SamKnows
*Ofcom has regulatory powers:
*Transparency – meaningful information on throttling and peaktime
speeds
*Minimum Quality of Service
*Netherlands simply implemented 2009 EU law
*

35. *“I don’t think heavy handed regulation is necessary.
*“I’m saying we’re not going to put regulatory hurdles in the
way – the last 20 years have told us not to do that.
*“What I announced was business as usual –government was
alive to these issues and prepared to intervene in future.
*“I am absolutely as one with someone like Tim Berners-Lee”
*Liar!
*Tim disagreed and disagrees!
*We’ll see if Vaizey is still Minister in May – election time
*

36. *Language shows ISPs kowtowed to Ofcom Nov. 2011 report:
*"it is right that Ofcom take ownership of this issue
*“new proposed process will be a useful input to Ofcom… in
monitoring the impact of traffic management practices...
*"voluntary commitments being made in this code closely relate to
ongoing monitoring work Ofcom… will conduct.
*“happy to discuss with Ofcom how its future work plans regarding
open internet issues could support or input into a review of these
voluntary commitments."
*

37. *2011 signatories: BE, BT, BSkyB, KCOM, giffgaff, O2,
Plusnet, TalkTalk, Tesco Mobile and Three.
BUT 30% of fixed market: Virgin
60% of mobile market also refused:
*Everything Everywhere
*Only 4G operator in 2013
*Vodafone
*World’s largest mobile ISP
*

38. *

39. *
*Concerned that traffic management would result in exposure of
users’ personal data
*Including IP addresses
*‘Opinion on net neutrality, traffic management and protection
of privacy and personal data’
*http://www.edps.europa.eu/EDPSWEB/webdav/site/mySite/share
d/Documents/Consultation/Opinions/2011/11-10-
07_Net_neutrality_EN.pdf

40. Cesar Alierta, CEO Telefónica:
“Something is now working in the value chain and this is not a
level playing field.”
Franco Bernabè, CEO Telecom Italia:
“a couple of players dominate the market, stifling competition
as others struggle to develop a significant customer base”.
Randall Stephenson, CEO AT&T:
*“Policy makers are going to have to be very clear about
whether they desire rapid adoption of the latest technologies,
*or do they desire hyper-competition and the lowest prices
possible for the most basic of services.
*

41. *1st Internet Science conference Brussels 10-11 April 2013
*2nd Internet Science conference Brussels 27-28 May 2015
*Professor Ziga Turk, minister in charge of Slovenian law
*UK, French and Dutch technical engineering experts
*

42. *
*Federal Communications Commission (2015)
* In the Matter of Protecting and Promoting the Open Internet GN
Docket No. 14-28 REPORT AND ORDER ON REMAND, DECLARATORY
RULING, ORDER Adopted: February 26, 2015 Released: March 12, 2015
*“ISPs cannot “unreasonably interfere with or unreasonably
disadvantage”
*the ability of consumers to select, access, and use the lawful
content, applications, services, or devices of their choosing;
or of edge providers to make lawful content, applications,
services, or devices available to consumers.
*case-by-case basis: guidance on how the Commission
will apply the standard in practice.

43. *
*“broadband providers disclose, in a consistent format,
*promotional rates, fees and surcharges and data caps
*“Disclosures must also include packet loss as a measure of
network performance, and
*“provide notice of network management practices that
can affect service.”
*temporary exemption for [ISPs] with >100,000 subscribers

44. Norway UK Netherlands US
Measurement Self-declared
with verification?
Ofcom: SamKnows Consumers e.g.
Glasnost/Neubot/
BitsofFreedom
FCC: SamKnows
Technical
advice
Within co-
regulatory pact
Broadband
Stakeholder
Group co-
regulation
NRA – advising
ministry
BITAG and OIAC
self/co-
regulation
Legal
position
Co-regulation Not implemented
2009/136/EU
Implemented
2009/136/EU
Order 2010,
published Sept’11
– now Feb’15
Efficiency Very fast – first
mover
Very slow –
industry foot
dragging
Very fast – legislative
panic
Very slow – note
court delay
Lesson Act fast, get
stakeholder buy-
in
Death by 1000
cuts; deny-delay-
degrade;
significant
Mobile DPI and
blocking prompted
action – legislative
panic
Lack of
bipartisanship
causes trench
warfare
*