Dutch Minister reacts to questions about Dutch university blocking BitTorrent

Earlier we wrote about the university of Groningen (‘RUG’) that will block all BitTorrent traffic in apartments of students who are connected to the network of the university.  As a result thereof, Dutch MP Kees Verhoeven (D66, Dutch Democratic Party) asked some questions about this news to Maxime Verhagen the Dutch Minister of Economic Affairs, Agriculture and Innovation. Yesterday, Mr. Verhagen gave his answer to these questions.

From the 1st of March onwards, RUG will block all BitTorrent traffic because it has been alerted several times by international organisations such as Warner Brothers and Paramount Pictures, about the mass illegal uploading of copyright protected content by students.

Verhagen states that the current Dutch Telecommunication law does not prohibit a ISPs and Telco’s to hinder or delay services and applications on the internet. However, the current Dutch Telecommunication law will be amended due to the revised European Telecommunication Directives. One of the amendments on the Dutch Telecommunication law contains the implementation of Article 7.4a into the Dutch Telecommunication law. This proposed Article 7.4a prohibits, with exceptions, ISPs and Telco’s to hinder or delay applications and services on the internet.

Also, Verhagen states that based on the information available, the actions of RUG are prohibited under the proposed Article 7.4a Telecommunication law. The reason thereof is the proposed Article 7.4a Telecommunication law covers both providers of public internet access services and providers of private internet access services. According to Verhagen, RUG is considered as a private internet access provider. The latter means that when the proposed Article 7.4a enters into force, RUG is not allowed to hinder or delay services or applications on the internet. However, until Article 7.4a Telecommunication law enters into force, RUG is still allowed to hinder or delay services and applications on the internet.

Further, Verhagen said that solely claims of copyright holders, as happened in the case of RUG, are not a valid reason to block internet traffic. However, this may differ when the internet needs to be blocked due to a court order.

Furthermore, Verhagen emphasizes that the Dutch Parliament is a proponent of net neutrality, and wants to protect users from blocking the internet. The proposed Article 7.6a Telecommunication law, to implement the revised European Telecommunication Directives, describes that ISPs and Telco’s may only terminate or suspend internet access in the cases listed in Article 7.6a Telecommunication law.

Read Dutch Minister Verhagen his full answers here (in Dutch)

By: Deniece Teterissa