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Network Neutrality – the Norwegian Approach

Director General Willy JensenNorwegian Post and Telecommunications Authority

EFTA, Brussels, March 2010

Internet Governance

• Robustness, resilience, security, denial of service• Management of critical resources,• Internationalisation, WSIS• Open and transparent• Network neutrality• Accountable, democratic governance• Stakeholder roles• Competition• Lawful usage

- - remarkable new USG Internet Policy 3.0 (Strickland 24.02.10)Page 2

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Today: Global dependence

Future: Universal Service Obligation?– A human right

Global dependence of Internet

Commercialnetwork

Globalcommunicationinfrastructure

Researchnetwork

Internet evolution:

~ 1990 – 1995 ~ 2000 – 2005

Transition to private sector

World Wide Web

Internet Governance debate

Web 2.0

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Why Network Neutrality?

Preserve the Internet as an open and non-discriminatory platform for all types of communication and content distribution.

- The Human Rights and Fundamental Freedoms perspective

- The Sustainable Competition perspective- The IPR/unlawful usage perspective

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What is Network Neutrality?

Internetcommunication

Simpleanswers:

Opennetwork

All traffic shouldbe treated equally

Complexconsiderations: What to do with illegal content or actions?

What to do when there is congestion?

Somebody has to pay – there is no free lunch!

ISP A ISP B

The user’s perspective

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QoS (e.g. IPTV)

Walledgarden

Best effort

Internetserver 1

Internetserver 2

Broadband connectionvs.

Internet connectionThe Internet

Net Neutrality and the Internet

February 2010 What is Network Neutrality? – Invitation to discussion

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Internet layer (IP)

Content layer

Infrastructure layer

Net neutrality belongs to the Internet layer

ISP BISP A

Access 1 Transport Access 2

FacebookGoogle WikipediaGoogle

ISP A

Internet economy

Peeringand transit

ISP B

Subscriberline

Infrastructure

Net neutrality discussion is often motivated by the economy but net neutrality does not prescribe the details of the economy on the net

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End user

Subscription

Localcontent

Remotecontent

Is net neutrality really threatened?

February 2010 What is Network Neutrality? – Invitation to discussion

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NN is a problem only relevant to the US market!– What about blocking of Skype in mobile networks?

– Can you change provider of your fibre (NGA) access?

– If a network provider sells you some bits/secshould he then decide how you use your bits?

There is no problem, competition takes care of it!

The network provider should be able to manage the network that he owns himself!

Should NRAs be proactive or is it sufficient to be reactive?

March 2010 Network Neutrality – the Norwegian Approach Page 10

The Norwegian approach

Participants:Internet service providersContent providersIP telephony providerIndustry organizationsConsumer organizations

Preliminary work External Working Group

Press:• Minor incidents

regarding ISPs throttling streaming and p2p

• Public discussion about connection to the Norwegian Internet Exchange (NIX)

• Focused on achieving a balanced view• Voluntary agreement with the industry• The common guidelines defines what NN is• Co operative follow up

Objective: Preserve the Internet as an open and non-discriminatory platform for all types of communication and content distribution.

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The Internet users are entitled to an Internet connection with a predefined capacity and quality.

Principle 1 – No degradation

Inspired by the Annenberg Center Principles for Network Neutrality, 27th March 2006 and Proposal in “Telecom Packet”, presented by the Commission, COM(2007) 698 final, 13th November 2007

This means that1. The capacity and quality of the Internet connection

is to be clearly specified.2. If the physical connection is shared with other services,

it must be stated clearly how the capacity is shared between Internet traffic and the other services.

1. This lays the foundation for the capacity regulated by principles 2 and 3.2. Internet access shared with services with QoS (e.g. IPTV, NGN services)

• NEXT PRINCIPLE: The network itself should be transparent, it is not sufficient that the conditions are transparent

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Principle 2 – No blocking

Inspired by the Federal Communications Commission Policy Statement, 23th September 2005

The Internet users are entitled to an Internet connection that enables them to

- send and receive content of their choice- use services and run applications of their choice- connect hardware and use software of their choice

that do not harm the network.

However, this does not mean that the principle can be used to legitimize unlawful or harmful actions.

Examples on unlawful or harmful actions: IPR violations, child pornography, spam, malware, etc.

• NEXT PRINCIPLE: It is not sufficient that communication is non-blocked, it must also be non-throttled

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Principle 3 – No throttling

Inspired by Report on Network Neutrality from the Japanese Ministry of Internal Affairs and Communications, September 2007

The Internet users are entitled to an Internet connection that is free of discrimination with regard to

type of application, service or content orbased on sender or receiver address.

This means that there shall be no discrimination among individual data streams that use the basic Internet service.

Exceptions:- block activities that harm the network (e.g. denial-of-service attack), - comply with orders from the authorities (e.g. laws or court decisions), - ensure the quality of service for specific applications that require this (e.g. real-time applications like VoIP and IPTV)

- deal with special situations of temporary network overload

The measures of this type shall be published and disclosed to users.

Experiences with our approach

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1year

Norwegianfootball league

on web-TV

Dialogue onNN and mobile

broadband

Political discussions onopen access networks

Europe: Blockingof Skype in somemobile networks

FCC: New NNregulatory proposal

EU: The newTelecom Packet

Approved

Commission declaration on NN

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The Commission attaches high importance to preserving the open and neutral character of the Internet, taking full account of the will of the co-legislators now to enshrine net neutrality as a policy objective and regulatory principle to be promoted by national regulatory authorities (1), alongside the strengthening of related transparency requirements (2)

and the creation of safeguard powers for national regulatory authorities to prevent the degradation of services and the hindering or slowing down of traffic over public networks (3). The Commission will monitor closely …

(1) Article 8(4)(g) Framework Directive.(2) Articles 20(1)(b) and 21(3)(c) and (d) of the Universal Service Directive.(3) Article 22(3) of the Universal Service Directive.

Ref. Official Journal of the European Union, 18 December 2009, L 337/69.

NN/Ecom Packet – Cross ref.

Valid for all ecom networks and services, also Internet

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Article 8(4)(g) Framework Directive

Article 22(3) Universal Service

Article 20(1)(b) Universal Service

Article 21(3)(c)(d) Universal Service

Regulatory principles Contracts Transparency Quality of service

- information on any other conditions limiting access to and/or use of services and applications…

- the minimum service quality levels offered…

- information on any procedures put in place by the undertaking to measure and shape traffic…

- any restrictions imposed by the provider on the use of terminal equipment supplied;

The NRAs shall … by inter alia: (g) promoting the ability of end-users to access and distribute information or run applications and services of their choice;

(c) inform subscribers of any change to conditions limiting access to and/or use of services and applications…

(d) provide information on any procedures put in place by the provider to measure and shape traffic so as to avoid filling or overfilling a network link…

In order to prevent the degradation of service and the hindering or slowing down of traffic over networks, Member States shall ensure that NRAs are able to set minimum quality of service requirements…

FCC NN draft rules to preserve the free and open Internet

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Under the draft proposed rules, subject to reasonable network management, a provider of broadband Internet access service:1. would not be allowed to prevent any of its users from sending or receiving the

lawful content of the user’s choice over the Internet;2. would not be allowed to prevent any of its users from running the lawful

applications or using the lawful services of the user’s choice;3. would not be allowed to prevent any of its users from connecting to and using on its

network the user’s choice of lawful devices that do not harm the network;4. would not be allowed to deprive any of its users of the user’s entitlement to

competition among network providers, application providers, service providers, and content providers;

5. would be required to treat lawful content, applications, and services in a nondiscriminatory manner; and

6. would be required to disclose such information concerning network management and other practices as is reasonably required for users and content, application, and service providers to enjoy the protections specified in this rulemaking.

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At last….

Thank you very much

The Norwegian Guidelines were released Feb. 2009

Updated version including mobile broadband providers expected early 2010

Further information:www.npt.no Services Internet Guidelines for network neutrality