[Commons-Law] Net Neutrality now law in the Netherlands (well, almost)

[Patrice Riemens]

(Actually the definitive vote on the law will be passed on May 15th, as
there are a few implementation glitches and small conflicts with existing
law to be ironed out). But after lengthy debates both in the lower house
(last year) and in the upper house (yesterday) of parliament the principle
of net neutrality 'per se' appears aquired.)
-PR


https://www.bof.nl/2012/05/08/netherlands-first-country-in-europe-with-net-neutrality/

Netherlands first country in Europe with net neutrality

May 8, 2012
by Ot van Daalen (chair of Bits of Freedom)


On 8 May 2012 The Netherlands adopted crucial legislation to safeguard an
open and secure internet in The Netherlands. It is the first country in
Europe to implement net neutrality in the law. In addition, it adopted
provisions protecting users against disconnection and wiretapping by
providers. Digital rights movement Bits of Freedom calls upon other
countries to follow the Dutch example.

The net neutrality law prohibits internet providers from interfering with
the traffic of their users. The law allows for traffic management in case
of congestion and for network security, as long as these measures serve
the interests of the internet user. A technical error in the law might
still be corrected in a vote on 15 May.

In addition, the law includes an anti-wiretapping provision, restricting
internetproviders from using invasive wiretapping technologies, such as
deep packet inspection (DPI). They may only do so under limited
circumstances, or with explicit consent of the user, which the user may
withdraw at any time. The use of DPI gained much attention when KPN
admitted that it analysed the traffic of its users to gather information
on the use of certain apps. The law allows for wiretapping with a warrant.

Moreover, the law includes a provision ensuring that internet providers
can only disconnect their users in a very limited set of circumstances.
Internet access is very important for functioning in an information
society, and providers currently could on the basis of their terms and
conditions disconnect their users for numerous reasons. The provision
allows for the disconnection in the case of fraud or when a user doesn’t
pay his bills.

Bits of Freedom, the Dutch digital rights movement which campaigned for
these provisions, applauds the new law. It considers this a historical
moment for internet freedom in The Netherlands and calls on other
countries to follow the Dutch example.

The provisions are part of the implementation of the European
telecommunications rules. A translation of the provisions can be found
here, but it does not include the technical error in the law which might
be corrected on the 15th.