passed today in the House the first Italian law to protect the neutrality of the network. The vote, in the ninth Commission was unanimous (27 yes and no zero), so now the law will go at a time of the Senate. You can say words that has unlocked the process of a law that- first signatory Stefano Quintarelli- was filed exactly two years ago (July 2014). It is released at the right time, given that in Italy and in Europe goes live the implementation phase of the protections for a neutral network, after the recent approval of the European regulation on the telecoms package, which also includes the issue of net neutrality.
What the law says. After the article one, which contains the definitions, the law says that “a service provided by an operator that provides access to a slice or a subset of services of the Internet can not be classified in the commercial to the public, either directly or indirectly, by describing the same as a service of access to the Internet or under names suited, to believe that the service grants access to the Internet. Its commercial documentation must clearly indicate that the service in question is not an access to the Internet service, but only to a subset of the services and Internet sites, indicating, with any degree of precision technically possible, the restrictions placed on service than to a service that offers unlimited access to the Internet.
“the article in fact prevents tell users that” internet “something that includes just some services (see Facebook).
the article contains three the classic protection of net neutrality: “operators are not allowed to impede or slow compared to the speed at which it would be provided to a user in the same area having the same bandwidth and unlimited access to the Internet, access to applications and internet services, except in cases in which the measures that prevent and restrict access are necessary, however, for short periods. ” Following list of cases, very limited.
However Operators (continues the law) is allowed to sell value-added services with prioritization, as also foreseen by the EU regulation. We recall that the debate on net neutrality has always seen as a threat to these services, which could risk taking away from the normal internet, based on prioritization of agreements between operators and giants of the network-specific service providers.
The law, however, it lays down certain restrictions. First, traders should always protect the basic access quality (best effort). Second, operators can only do so if the user requires it. Third, the value-added service must be signed by a separate agreement. These last two points are new elements of the Act, with respect to the European Regulation.
How do you explain to Sole24Ore Quintarelli, “in this way we prevent the specialized services could cannibalize internet. With the obligation to make separate agreements, also we limit the possibility that the zero rating tenders can create competitive distortions in the market of Internet connections “. They are advertised vacancies on the mobile Internet market, where the operator includes some specific bundled services. The result is that these do not consume the upstream traffic included in the fee (for example music, a certain platform movie).
The last part of the law concerns over the top (like Google, Apple, Microsoft, of course, not mentioned).
There are two paragraphs, Article four, very impactful on their policies.
“Users have the right to obtain on-line in an appropriate format to the required technological platform and to use on fair and non-discriminatory software, own or open source, legal content and services of their choice. Users have the right, regardless of the technological platform used, to find content and services from the supplier of their choice to the conditions, the manner and within the terms defined freely by each vendor. Users have the right to uninstall software and remove unsuitable content of interest to them from their devices “.
“The rights referred to in paragraph 1 can not be in any way limited or bound to the purchase or use of some software, content or services by operators of platforms through contractual tools, technological, economic or
It means release of the operating system from the applications platforms sold in the shops of Apple, Google, Microsoft. When you pass this law, you will be entitled to install any app and even uninstall those supplied by default over the top. Two things that are not possible now. In particular, it is frequently the Apple’s refusal to accept certain apps (like those of mobile payments by Italian operators). Many default app, even Google, can not uninstall.
After possible approval in the Senate, we must see if it is feasible this law at billionaires interests of non-European subjects also. Meanwhile, however, it emerges from the legislative history in the House, that almost all the participants were in agreement with the law.
Certainly there is agreement by the Government, because the report signed by the Ministry of Economic Development last year is consistent with the current proposal, as reported by the Ministry to Sole24Ore. They said they were also agrees Tim, Fastweb, Google, Microsoft and Facebook. A list that exclude some of the major players and over the top, as you can see.
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