That’s no moon.
What to expect when you’re expecting the website you’re accessing to be delivered to you by your internet service provider in a fair and just manner according to a series of policies set by a regulator accountable to the public.
Zero Rating or Differential Pricing The practice of providing internet access without any financial costs on the consumer, usually What’s the deal under conditions such as permitting access to with zero rating? certain websites or by subsidizing the service with advertising.
Some Examples • T-Mobile’s ‘music freedom’ • Verizon and AT&T’s FreeBee Data • Facebook, Google, and Wikipedia • Many, many more
Conflict With Net Neutrality • Create potential for a two-tiered internet • Entrenches internet status quo and disrupts the free market • Creates opportunities for censorship INTERNET • Exploits those with less money
On the other hand… • Provide opportunities to get online for those with less money • Highly beneficial for consumers M A Y B E • Assist emergency service INTERNET • Could bring the developing world online
Facebook’s Free Basics • Also known as Internet.org • Purpose was to “connect the world”; idea that connectivity is a human right and while universal basic internet service is possible, “it isn’t going to happen by itself.” • Was a video/picture free version of Facebook and Facebook Messenger coupled with some third party Apps • Launched in developing countries around the world
Cue the backlash. • Service providers reluctant to partner with Facebook • Digital colonialism • Threat to net neutrality • Human rights groups concerned that Facebook was becoming arbiter of what people could and could not access
And now. • Directly responsible for bringing approximately 50 million people online in the developing world • Allegedly assisted in the perpetration of violence in Myanmar, Sri Lanka, Cambodia, and the Philippines • Initiative appears to have significantly dialled back; still available in over 50 countries • Google and Microsoft are pursuing similar ideas to enhance connectivity
“One function of zero-rating in developing countries is to take that national process of building and negotiating connectivity and turn it into The Internet. Once this disjuncture has happened, it’s then usual to hear it argued that The Internet can Solve Poverty, Solve Education, or Solve Healthcare. The decontextualized, de- territorialized Internet can do any number of things, but – unfortunately – it can only do them in the abstract. For actual education to occur, rather than Education, Internet content must be translated, molded, and aligned to fit with what people need to know to progress in a particular place.” –Linnet Taylor, From Zero to Hero: How Zero-Rating Became a Debate about Human Rights
Zero-Rating Around the World • Chile’s Ministry of Transportation and Telecommunications banned zero-rating in June, 2014 for violating the country’s net neutrality laws • Telecoms Regulatory Authority of India (TRAI) banned zero-rating in February, 2016 • Netherlands article 7.4 of the Dutch Telecommunications Act, successfully enforced for first time in February, 2016 • EU net neutrality regulation, EU 2015/2120, does not definitively point one way or the other with some national regulators investigating/banning the practice, others not addressing it • Study of EU states: countries that allowed zero rating business practices by wireless carriers have increased the cost of wireless data compared to countries without zero rating • U.S. appeared to be moving to ban the practice until Agit Pai took over as commissioner; called practice violating net neutrality rules in letters sent to AT&T and Verizon
Canadian Regulators • House of Commons Committee Report May 2018 • Summary of current law on Net Neutrality in Canada • Provides 5 recommendations to the House of Commons and Government
Legislative and Statutory Protection of Net Neutrality in Canada • Where in the legislation is net neutrality explicitly protected? • Relevant piece of legislation is the Telecommunications Act • 4 relevant sections
ISP or Internet Service Provider “provide retail Internet access services and are thus uniquely situated as the link between Canadians and the online world. ISPs have control over the speed of a customer’s Internet connection, which is measured in bits per second. They also set the allowable monthly volume limit, measured in bytes, for their customers’ data plans (commonly referred to as a data cap or data allowance). Customers who exceed this limit typically incur additional charges.” CRTC 2017-103 at para 3
Telecommunications Act 2. Definitions (1) In this Act , telecommunications means the emission, transmission or reception of intelligence by any wire, cable, radio, optical or other electromagnetic system, or by any similar technical system; ( télécommunication ) telecommunications common carrier means a person who owns or operates a transmission facility used by that person or another person to provide telecommunications services to the public for compensation; ( entreprise de télécommunication )
Legislative and Statutory Protection of Net Neutrality in Canada • Definition is broad. • Technologically neutral. • Captures ISPs.
Legislative and Statutory Protection of Net Neutrality in Canada • Section 7 policy objectives are applicable.
Telecommunications Act (d)to promote the ownership and control of Canadian Objectives carriers by Canadians; 7. It is hereby affirmed that telecommunications performs an essential role in the maintenance of Canada’s identity (e) to promote the use of Canadian transmission facilities and sovereignty and that the Canadian for telecommunications within Canada and between telecommunications policy has as its objectives Canada and points outside Canada; (a) to facilitate the orderly development throughout Canada (f) to foster increased reliance on market forces for the of a telecommunications system that serves to safeguard, provision of telecommunications services and to ensure enrich and strengthen the social and economic fabric of that regulation, where required, is efficient and effective; Canada and its regions; (g) to stimulate research and development in Canada in the (b) to render reliable and affordable telecommunications field of telecommunications and to encourage innovation services of high quality accessible to Canadians in both in the provision of telecommunications services; urban and rural areas in all regions of Canada; (h)to respond to the economic and social requirements of (c) to enhance the efficiency and competitiveness, at the users of telecommunications services; and national and international levels, of Canadian telecommunications; (i) to contribute to the protection of the privacy of persons.
Telecommunications Act Unjust discrimination 27. (2) No Canadian carrier shall, in relation to the provision of a telecommunications service or the charging of a rate for it, unjustly discriminate or give an undue or unreasonable preference toward any person, including itself, or subject any person to an undue or unreasonable disadvantage. Content of messages 36.Except where the Commission approves otherwise, a Canadian carrier shall not control the content or influence the meaning or purpose of telecommunications carried by it for the public.
No explicit reference to net neutrality → How has this been interpreted?
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