Dutch MPs criticise network management by ISPs

The proposed amendments to the Dutch Telecommunications Act, that will be discussed in Dutch parliament next week, spark high emotions in The Hague. The political center of The Netherlands is currently dealing with key issues that emerge from the many new technical possibilities that ICT offers today, while Dutch laws and policies seem unequipped to offer a useful framework.

For example, last week Dutch telecom providers owned up to monitoring and mapping their sunscribers’ communication. They do so with the controversial "deep packet inspection (DPI) techniques. Critics fear that personal information is without due care. DPI is sometimes mentioned as a tool for detecting criminal activity or copyright infringements. Proportionality and subsidiarity of this method is however debatable. Economy minister Verhagen promised to ask his regulatory and oversight authority OPTA to investigate the matter.

In addition, Internet service providers allegedly plan to charge consumers that use services that require a lot of network capacity more than users that stick to ‘light’ services. It is also presumed that companies are keen on blocking certain services because they compete with their own products. It is possible that services such as Skype (free calls) and WhatsApp (free text messages) will be victimized, because telephone companies want to sell phone credits and text messages.

A clear majority in the Dutch House took position against these developments. Telecom companies should not be allowed to charge extra for the use of certain Internet services on their mobile phone. Moreover they should not be allowed to block or delay competitors services. This became apparent in a parliamentary debate this week that was held in anticipation of the formal debate on the new Telecommunications Act. A proposal by the Green party to stop telecom companies that have such plans was welcomed by most MPs.

According to Green party MP Bruno Braakhuis, telecom companies, need to invent new business models to cope with current ICT developments. He suggests that requires a certain degree of net neutrality. According to Mr. Braakhuis, that means telecom companies should not determine whether or not a consumer uses a specific Internet service. This would be an obstacle to the emergence of new services and products.

This is a complex balancing act. ISPs will no doubt continue to actively manage their network. This is inevitable considering the increasing flow of data they have to process. However, this need to manage capacity should not lead to a carte blanche that excuses competitive sabotage or violating the privacy of subscribers. It is my expectation that Minister Verhagen will require more transparency towards consumers about what ISPs and phone companies do in terms of network management. In any case, The Greens demand that the Minister includes "appropriate measures" in the new Telecommunications Act and they will be supported when the bill is discussed in parliament next week.

Source:  ANP, RTL