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Sunday, April 28, 2024

Net Neutrality And Its Importance

Posted in: Privacy Law
Fri, Jan 12, 24, 11:57, 4 Months ago
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The Conceptual meaning of Net Neutrality and its essential features

Net Neutrality (Network Neutrality) is the principle that Internet Service Providers (ISPs) should treat all data on the Internet equally.

Companies like Airtel, BSNL, Reliance (Jio), Vodaphone, Idea etc who provide Internet Service.

Net Neutrality is the principle that Internet Service Providers should enable access to all content and applications without favoring or blocking particular websites.

The term was coined by Columbia University media law professor Tim Wu in 2003.

  • Internet.org is a partnership between Social Networking services company Facebook and six other companies that plan to bring affordable access to selected Internet services to less developed countries.
  • “Free basics” is the name of the app that delivers these services.
  • However, this was a violation of the concept of Net Neutrality.
  • Regulators banned the Free Basics service in India based on “Prohibition of Discriminatory Tariffs for Data Services Regulations ”.

Airtel Zero – A case of violation of Net Neutrality

  • Airtel announced Airtel Zero, an initiative that would allow applications to purchase data from Airtel in exchange for the telecom company offering them to consumers free of cost.
  • Airtel Zero was widely perceived as a violation of net neutrality.
  • By paying to be on Airtel Zero, companies could make sure that their users get free access to their service, while smaller players are at a disadvantage.
  • However, Airtel has said that zero-rating does not violate net neutrality as it lowers the cost of access and it is “non-discriminatory”.
  • To prevent such things, it appears necessary to have a specific mandating a neutral internet.

 

 

Arguments supporting Net Neutrality

  • Services on the internet must be equally accessible to all and no discrimination should be there.
  • Without Net neutrality, right to freedom of speech and expression would be affected.
  • It would be detrimental from the consumer point of view too.
  • Net neutrality will promote architecture and innovative development of the Internet.
  • The Internet is the result of time and creativity of many volunteers for many decades and hence it should not be left in the hands of the few, hence ethically wrong if it is done away with.
  • Without Net neutrality, the new start-ups would be at a disadvantage.

Arguments against Net Neutrality

  • The economic principle of paying differently for different levels of service and experience is recognized by Differential Pricing.
  • Massive investment loss would be there.
  • Future investments in telecommunications infrastructure will be curtailed, thereby impacting user experience.
  • Applications which use the voice over internet protocol (VoIP), have led to the reduction in voice-based traffic.
  • It will impact the government’s Digital India initiative.
  • It is ethically questionable because operators have to invest in maintaining and expanding the internet’s infrastructure to support new services while most benefits are reaped by Internet content companies like Google, Facebook etc.
  • The Internet has survived because of little or no regulation, hence creativity and future development should not be crippled.

 

 

 

Telecom Regulatory Authority of India (TRAI)’s Stand

  • TRAI is the Telecom regulator in India.
  • The TRAI had ruled for Net Neutrality thus banning Facebook’ s Free Basics and Airtel Zero in India.
  • There should not be any discrimination.
  • Protection of rights of citizens.
  • It excludes specialized services and content delivery networks (CDNs).
  • Setting up a multi-stakeholder body.
  • Constitutional promises are fulfilled.
  • Users’ right to freedom of speech and expression is prioritized.
  • It also ensures a level playing field for services providers to innovate and customize in India.
  • Democracy of the internet is kept intact.
  • It helps build the Internet as a public platform with open access to all.
  • It addresses the problem of anti-competitive practices.
  • Judicious and transparent use of national resources for a greater public benefit.
  • People participation in decision making is enhanced.

TRAIs Recommendation on net neutrality

  1. Internet access in India will remain unfettered with the government accepting the telecom regulator’s recommendations to introduce one of the strongest net neutrality protections in the world.
  2. To implement Net neutrality, the regulator had recommended that the terms of license agreements that govern the provision of Internet services in India be amended “to incorporate the principles of non-discriminatory treatment of content along with the appropriate exclusions and exceptions.”
  3. It had then suggested that Internet of Things, as a class of services, should not be excluded from the scope of restriction on non-discriminatory treatment but certain critical services should be exempt from these rules.
  4. DoT will also frame a policy on traffic management practices for service providers and separately set up a body of industry representatives and civil society to monitor and enforce net neutrality norms.
  5. It has further recommended establishing a multi-stakeholder not-for-profit body for the monitoring and enforcement of these principles.

Net neutrality approved

  1. In a move that will ensure open and free internet in India, the government has approved the principle of net neutrality.
  2. This means that telecom and Internet service providers must treat all data on the Internet equally, and not discriminate or charge differently by user, content, site, platform, or application.
  3. They cannot engage in practices such as blocking, slowing down or granting preferential speeds to any content.
  4. The Telecom Commission (TC) — which is the highest decision-making body in the Department of Telecom, approved the recommendation made by the Telecom Regulatory Authority of India (TRAI)

Critical services are exceptions to this:

  1. Certain emerging and critical services will be kept out of the purview of these norms.
  2. A separate committee has been set up under the Department of Telecom (Do T) to examine what these critical services will be.
  3. These may include autonomous vehicles, digital healthcare services like remote surgeries or disaster management.

Net neutrality rules scrapped in the U.S.

  1. The Federal Communications Commission voted in favor undoing the Obama-era “Net neutrality” rules that have been in place since 2015.
  2. It will also forbid states to put anything similar in place.
  3. “Net neutrality” regulations, designed to prevent internet service providers like Verizon, AT&T, Comcast and Charter from favoring some sites and apps over others.

What is net neutrality?

  1. Net neutrality is the principle that internet providers treat all web traffic equally.
  2. Internet service providers should restrict themselves from blocking or slowing down specific websites on purpose or allowing companies to pay for preferential treatment.

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