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Deutsch: Neue EU Konsultation zur Netzneutralität verzögert rechtliche Schrit...

Following BEREC’s report in May 2012 on Net Neutrality, the European Commission launched on 23 July 2012 another consultation, open by 15 October 2012, to investigate on whether ISPs are manipulating online traffic management, thus postponing new regulatory laws on Net Neutrality. But this consultation follows a similar one from BEREC that ended just yesterday, 31 July 2012.

As BEREC’ report was revealing, 20-50% of the European ISPs use measures to block or restrict access to web sites and/or products run by their competitors. Although the EU communications rules say that users should be able to choose the applications and services they want without restrictions, the report has shown that a large number of European users are under contracts with their ISPs that limit their access to services such as Voip (Voice over Internet Protocol) or file-sharing sites. Other practices such as bandwidth throttling (deliberate slowing down of the services to certain websites) have been revealed.

Digital Agenda Commissioner Neelie Kroes stated that the consultation would be used “to help prepare recommendations that will generate more real choices and end the net neutrality waiting game in Europe. There is a lack of effective consumer choice when it comes to Internet offers," she said. Yet, although Kroes mentioned the introduction of new EU guidelines in 2012 considering “regulatory intervention in competitive markets as inappropriate”, the new consultation opened by the Commission pushes back any possible decision.

La Quadrature du Net has published a non-answer to the new consultation considering there is no time for another consultation on the subject. “The only way to protect a free Internet as well as freedoms and innovation online is to clearly enact and protect Net Neutrality in EU law.”

It is already clear that European ISPs are applying restrictions to their users’ access and that national regulators cannot investigate and sanction.

In UK, for instance, several ISPs such as BT, BSkyB, O2 and TalkTalk have already signed an Open Internet Code of Practice that generally requires them to ensure that they are offering their customers "full and open internet access". The code allows them to restrict open use of the internet through "traffic management" of their services provided they do not use it "in a manner that targets and degrades the content or application(s) of specific providers" and they ensure that a best effort Internet access is a "viable choice" to consumers even where other "managed services" are available. They signatories must also use "clear and transparent traffic management policies".

Yet, the code has not been signed by large ISPs such as Virgin Media, Vodafone or T-Mobile and Orange operator Everything Everywhere who consider the text of the code may lead to “misinterpretation and potential exploitation" or have reservations regarding the restrictions on the use of the “internet access” term.

On-line public consultation on "specific aspects of transparency, traffic management and switching in an Open Internet" Deadline for reply: 15 October 2012
http://ec.europa.eu/information_society/digital-agenda/actions/oit-con...

Public consultation on 'net neutrality' to delay EU rules on ISPs (24.07.2012)
http://euobserver.com/871/117055

Non-answer to BEREC's Consultation: We need Net Neutrality Law! (25.07.2012)
https://www.laquadrature.net/en/non-answer-to-berecs-consultation-we-n...

Net Neutrality: Brussels opens an umpteenth public consultation (only in French, 23.07.2012)
http://www.numerama.com/magazine/23245-neutralite-du-net-bruxelles-ouv...

Ten UK ISPs commit to new 'open internet' code (25.07.2012)
http://www.out-law.com/en/articles/2012/july/ten-uk-isps-commit-to-new...

EDRi-gram 10.11: BEREC’s findings on net neutrality (6.06.2012)
http://www.edri.org/edrigram/number10.11/berec-net-neutrality