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Thursday, June 23, 2011

Bits of Freedom translation of Dutch net neutrality law

Despite some obfuscation (and the need for the Senate to undo the messy ideological filtering amendment which confused MPs voted for!), the law is more or less settled and BoF has an approximate translation (there's a lot of explanatory memorandum too):

Proposal for net neutrality provision: Article 7.4a Telecommunications Act (unofficial translation)
1. Providers of public electronic communication networks which deliver internet access services and providers of internet access services do not hinder or slow down applications and services on the internet, unless and to the extent that the measure in question with which applications or services are being hindered or slowed down is necessary [a] to minimize the effects of congestion, whereby equal types of traffic should be treated equally; [b] to preserve the integrity and security of the network and service of the provider in question or the terminal of the enduser; [c] to restrict the transmission to an enduser of unsolicited communication [i.e. spam], provided that the enduser has given its prior consent; [d] to give effect to a legislative provision or court order.
2. If an infraction on the integrity or security of the network or the service or the terminal of an enduser, refered to in section 1.b, is being caused by traffic coming from the terminal of an enduser, the provider, prior to the taking of the measure which hinders or slows down the traffic, notifies the enduser in question, in order to allow the enduser to terminate the infraction. Where this, as a result of the required urgency, is not possible prior to the taking of the measure, the provider provides a notification of the measure as soon as possible. Where this concerns an enduser of a different provider, the first sentence does not apply.
3. Providers of internet access services do not make the price of the rates for internet access services dependent on the services and applications which are offered or used via these services.
4. Further regulations with regard to the provisions in the first to the third paragraph may be provided by way of an administrative order. A draft order provided under this paragraph will not be adopted before it is submitted to both chambers of the Parliament.
5. In order to prevent the degradation of service and the hindering or slowing down of traffic over public electronic communication networks, minimum requirements regarding the quality of service of public electronic communication services may be imposed on undertakings providing public communica­tions networks.
[Article 7.4a of the Telecommunications Act will not apply to agreements concluded before the entering into force of that article for up to a year after the entering into force of that article.]

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