Posted: 21st Jan, 2012 By: MarkJ


The France-based
La Quadrature du Net, a civil society group that promotes online rights and freedoms, has claimed that broadband ISPs and Mobile Broadband operators in more than
14 EU Member States are engaging in "
illegitimate restrictions" of their customers' Internet access and damaging
Net Neutrality (the principal of treating all internet traffic as equal).
The "
evidence", which has been
submitted to European regulators for further investigation, was gathered by their
RespectMyNet.eu website. The site allows people to submit reports about whether or not their ISP is imposing tough restrictions upon internet traffic.
Apparently this reveals how ISPs that account for the
majority of the EU population have been found to violate "
their users' freedom of communication by blocking or throttling specific content, applications or services available on the Internet".
Jérémie Zimmermann, Spokesperson for La Quadrature du Net, warned:
"Thanks to RespectMyNet, citizens act as the watchdogs of Internet access providers. Collected data leaves Commissioner Neelie Kroes with no choice but to acknowledge that freedom of expression, privacy, innovation and competition are all being hampered by operators' practices.
With such evidence on the table, If Neelie Kroes still refuses to propose legislative action on Net neutrality, we'll know for sure that she is working for telecoms operators, and not for citizens' general interest. Citizens must continue to report and confirm cases to RespecMyNet."
The site itself includes a number of complaints against UK providers, especially mobile operators, many of which are said to block and or throttle
VoIP (e.g. Skype) and
P2P (e.g. BitTorrent) traffic. However, most of the UK reports come from individuals and have not been confirmed, although many providers are known to impose such restrictions.
At present both the EU and UK have, due to a lack of supporting evidence, chosen to adopt a "
wait and see" approach on enforcement. Both want ISPs to ensure that any restrictions are made clearly visible to consumers. Providers have also been warned to ensure that consumers are still given access to all "
legal content [and] service[s]" (
here and
here).
It should be said that most ISPs employ
Traffic Management or
Traffic Shaping as a
perfectly acceptable means to balance the performance of their networks, which allows the majority of customers to avoid being unfairly affected by a minority of heavy users.
This is often done by restricting internet traffic (speed) to busy services (e.g. P2P) or more generally at peak times of day. ISPs often view measures like this as preferable to either raising prices or being more realistic about their usage restrictions.
Crucially consumer broadband is a shared "
best efforts" service and ISPs do not provide dedicated bandwidth to home users. But absolute blocks or restrictions that throttle a service to the point of being practically unusable should still be questioned.
It will be interesting to see whether or not La Quadrature du Net's evidence has any tangible impact upon EU rules and regulations. Meanwhile the issue is still being debated and some political quarters have proposed
tougher rules to prevent abuses (
here).