[bestbits] Net Neutrality - summary of FCC new rules

Thu Mar 5 02:19:45 EST 2015

To supplement Amelia, here are Council definitions as elaborated in Brussels on 2 March 2015:

(1) “internet access service” means a publicly available electronic communications service that provides access to the internet, and thereby connectivity to substantially all end points of the internet, irrespective of the network technology and terminal equipment used;

(2) “provider of electronic communications to the public” means an undertaking providing public electronic communications networks or publicly available electronic communications services.

What's still unclear to me (sorry) is whether anything in the TSM package change and/or contradict the Telecoms Package (2009/136 + 140/EC)?

Best regards.

//Erik

________________________________________
From: bestbits-request at lists.bestbits.net [bestbits-request at lists.bestbits.net] on behalf of Amelia Andersdotter [amelia.andersdotter at piratpartiet.se]
Sent: Wednesday 4 March 2015 23:27
To: bestbits at lists.bestbits.net
Subject: Re: [bestbits] Net Neutrality - summary of FCC new rules

Dear all,

For completion, the European Union has defined "information society
services" in 1998 as "'2. "service", any Information Society service,
that is to say, any service normally provided for remuneration, at a
distance, by electronic means and at the individual request of a
recipient of services."

See
http://eur-lex.europa.eu/legal-content/EN/TXT/HTML/?uri=CELEX:31998L0048&qid=1425507396962&from=EN

This should be the amended act:
http://eur-lex.europa.eu/legal-content/EN/TXT/?qid=1425507490929&uri=CELEX:31998L0034

These texts have been mostly ignored since 1998, but re-emerged in the
network and information security discussions after 2013. Some of you may
be familiar with ongoing discussions of whether internet services should
be included therein (such as cloud services), due to the heavy
obligations laid on service providers to collaborate with public
authorities were that to be the case.

best regards,

Amelia

On 03/04/15 18:15, Nick Ashton-Hart wrote:
> Dear Seth and others,
>
> With respect to the last sentence, WTO obligations are intentionally designed to be technology neutral; otherwise, trade commitments would be out-of-date the moment they were made.
>
> It is widely understood that the Internet, and many activities that take place upon it as services, are covered by existing commitments.
>
> I recommend the writings of Hosuk Lee-Makiyama, perhaps the most widely recognised expert in digital trade worldwide, many of which can be found here: http://www.ecipe.org/browse/?subj_subject=41&subj_category=ecipepublications&subj_year=&subj_order=recent
>
> As to classical definitions, the Telecom Reference Paper is probably your best source, see here: https://www.wto.org/english/Tratop_e/serv_e/telecom_e/tel23_e.htm
>
> I suspect you'll find that despite its age, the reference paper has stood the tests of time quite well.
>
> On 4 Mar 2015, at 17:49, Seth Johnson <seth.p.johnson at gmail.com> wrote:
>
>> That looks like ISIC.  Thanks.  I'm solid on what the terms mean re
>> the Internet and the US telecom policy, just looking for what "the
>> source" is at WTO so I can address what WTO's doing on their terms.
>> It doesn't seem that there's really a subject-specific cite because
>> WTO doesn't really deal with what these terms mean for the Internet.
>>
>> On Wed, Mar 4, 2015 at 11:25 AM, Jean-Jacques Sahel
>> <jean-jacques.sahel at icann.org> wrote:
>>> See this WTO December 2014 update on methodology regarding trade statistics: http://webservices.wto.org/resources/meta/def_method_e.pdf and in particular:
>>>
>>> (i) communications services includes telecommunications, postal and courier services. Telecommunications services encompasses the transmission of sound, images or other information by telephone, telex, telegram, radio and television cable and broadcasting, satellite,  electronic mail, facsimile services etc., including business network services, teleconferencing and support services. It does not include the value of the information transported. Also included are cellular telephone services, Internet backbone services and on-line access services, including provision of access to the Internet.
>>>
>>> [..] (v) computer and information services is subdivided into computer services (hardware and software related services and data processing services), news agency services    (provision of news, photographs, and feature articles to the media), and other information provision services (database services and web search portals)
>>>
>>> -----Original Message-----
>>> From: bestbits-request at lists.bestbits.net [mailto:bestbits-request at lists.bestbits.net] On Behalf Of Seth Johnson
>>> Sent: 04 March 2015 16:12
>>> To: Nick Ashton-Hart
>>> Cc: Eduardo Bertoni; Marilia Maciel; &lt,bestbits at lists.bestbits.net&gt,
>>> Subject: Re: [bestbits] Net Neutrality - summary of FCC new rules
>>>
>>> Where should I look for those definitions at WTO - information service vs telecommunication service?
>>>
>>> I use the ISIC.  But that's a breakdown of industries, not of those two categories.
>>>
>>> Not here:
>>> https://www.wto.org/english/thewto_e/glossary_e/glossary_e.htm
>>>
>>> Or here (telecom, but not info service):
>>> http://wtoterm.wto.org/multiterm/index.mto?locale=en
>>>
>>>
>>> Seth
>>>
>>> On Wed, Mar 4, 2015 at 10:24 AM, Nick Ashton-Hart <nashton at consensus.pro> wrote:
>>>> These are all well-defined terms in the WTO agreement. Whatever you
>>>> may think of trade policy, it would be wise at least to consider
>>>> carefully these terms in the context of those definitions.
>>>>
>>>>
>>>> On 4 Mar 2015, at 15:44, Eduardo Bertoni <ebertoni at alumni.gwu.edu> wrote:
>>>>
>>>> Dear Marilia,
>>>>
>>>> Thanks for sharing this. I begun working on a short piece in Spanish
>>>> with similar goals: explain the impact of the new rules. The FGV
>>>> document is more than welcome.
>>>>
>>>> For the time being, my humble suggestion is this: for many people it
>>>> is not clear the difference between "information services" and
>>>> "telecommunications services". So I would suggest to explain that
>>>> difference. The concept of "common carrier" might help.
>>>>
>>>> Best
>>>>
>>>> Eduardo
>>>>
>>>> On Tue, Mar 3, 2015 at 6:17 AM, Marilia Maciel
>>>> <mariliamaciel at gmail.com>
>>>> wrote:
>>>>> Dear all,
>>>>>
>>>>> The researchers from the Center for Technology and Society of FGV in
>>>>> Rio de Janeiro have prepared a concise summary of FCC new rules that
>>>>> might be useful. The communities in Brazil are very focused on the NN
>>>>> debate since we engaged in a public consultation to further regulate
>>>>> the net neutrality principle enshrined in the Brazilian Civil Rights
>>>>> Framework for the Internet (Marco Civil).
>>>>>
>>>>> The document will be updated as more information is made available.
>>>>> Comments and suggestions are more than welcome.
>>>>>
>>>>>
>>>>> https://docs.google.com/document/d/12RPZvyWKWxQwg116H8L8hjsoNZqsxEjwF
>>>>> 7KBfF-gjqo/edit?usp=sharing
>>>>>
>>>>>
>>>>> Best wishes,
>>>>> CTS/FGV
>>>>>
>>>>> --
>>>>> Marília Maciel
>>>>> Pesquisadora Gestora - Centro de Tecnologia e Sociedade - FGV Direito
>>>>> Rio Researcher and Coordinator - Center for Technology & Society -
>>>>> FGV Law School http://direitorio.fgv.br/cts
>>>>>
>>>>> DiploFoundation associate - www.diplomacy.edu PoliTICs Magazine
>>>>> Advisory Committee - http://www.politics.org.br/ Subscribe "Digital
>>>>> Rights: Latin America & the Caribbean" -
>>>>> http://www.digitalrightslac.net/en
>>>>>
>>>>>
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>
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