NDP Proposes Net Neutrality Legislation in Canada

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7:45 am on May 29, 2008 | Category: Web Services, Telecom Services, Internet, Regulation, Editorials

Canada’s New Democratic Party has introduced legislation to enshrine the principle of “net neutrality,” and prevent ISPs from interfering with users’ internet traffic.

The private members bill, launched by NDP digital spokesman, Charlie Angus, comes amid concerns that major broadband ISPs are abusing their role as gatekeepers, and slowing down certain kinds of traffic including peer-to-peer file sharing services.

“This bill is about fairness to consumers,” Angus said in the House of Commons yesterday. “The internet is a critical piece of infrastructure not just for Canada but for the world … this bill protects the innovation agenda of Canada.”

The four-page bill seeks to “prohibit network operators from engaging in network management practices that favour, degrade or prioritize any content, application or service transmitted over a broadband network based on its source, ownership or destination, subject to certain exceptions.”

But while net neutrality is a laudable principle, its enforcement by government agencies such as the CRTC could lead to unintended consequences. As high-bandwidth applications such as online entertainment and file sharing gain popularity, internet service providers may need to shape traffic so as to maximize efficiency.

Although ISPs should never act as censors or interfere with content, there is nothing inherently wrong with them limiting certain kinds of traffic, or forcing high-volume users to pay extra, so as to fund necessary network expansion. If such actions cannot be taken, the result could be much higher broadband prices across the board.

The only regulatory limitation placed on the ability of ISPs to shape traffic should be a strict responsibility to inform consumers how this process is done and what kind of traffic is affected.

Once properly informed, customers can take up their concerns with individual ISPs, and deal with whatever company best satisfies their needs, allowing the market to determine what types of bandwidth control are reasonable.