Wednesday, February 2, 2011

A preliminary report parliamentary advocates the inclusion of net neutrality in legislation

This is a preliminary report that takes the foot against the most recent laws passed in the framework of the Internet: progress report of the parliamentary commission on net neutrality and Internet, released Wednesday by deputies Laura La Raudière (UMP) and Corinne Erhel (PS), delivers a series of recommendations including that contrast with the content of the law Loppsi 2.

Net neutrality is an unwritten principle of network management, which means that all content will flow without discrimination, whatever their origin, destination or type. But in practice, all the Internet players do not agree on the precise modalities of this neutrality: Some Internet Service Providers (ISPs), for example, believe that they must be put in place measures to regulate their networks by giving priority to certain types of data at times.

A VARIABLE GEOMETRY NEUTRALITY Based on this observation, the two deputies propose that is enshrined in law a definition of net neutrality that distinguishes the different positions and thus lifting a gray area. The issue is technical but also economic in terms of implementation, "strict" or not, the principle of neutrality, the investments will make the operators to cope with network growth will be more or less important, and more or less shared with others.

Some ISPs, calling on the very consumers of data services such as online video sites, participate in infrastructure financing. The preliminary report also considers it necessary to strengthen the powers of the Regulatory Authority for Electronic Communications and Posts (ARCEP), Constable French telecoms, which would be particularly responsible for overseeing the transparency of operators on the quality of their service, and the principle of net neutrality.

In a context where the government has requested the appointment of a commissioner representative on the authority, which is seen in Arcep as a desire for control, the proposal is sure to cause debate. CONTROLLED FILTERING importantly, the deputies proposed a strict filtering of Web sites, as currently required by law Loppsi 2 or the law on online gambling.

"The filtering limits the freedom of communication and creates perverse incentives," notes the preliminary report. This measure "should therefore intervene only after a procedure involving a judge." However, after fierce debate, the Loppsi 2 did not finally accepted the intervention of a judge in the process of blocking child pornography sites.

The MPs also want the measures are framed traffic analysis, such as Deep Packet Inspection (DPI) technology, which is to determine the nature of information transmitted by a statistical analysis of data packets. Without closing the door to use, highly contested by the defenders of freedom of expression, the text provides a framework for their implementation.

These devices "may be necessary to implement screening measures or to the quality of service, but their use must be supervised and controlled to protect the privacy of electronic communications, the judge preliminary report.

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