[governance] IGP Alert: "Net Neutrality as Global Principle for Internet Governance"

[Gao Mosweu]

Dan and Garth, 
   
  Thanks for explaining this in such a simple and practical manner! The concept of "common carriage" and "public utility" enable one to look at this practically and to appreciate it more.
   
  Thank you very much once again for the enlightenment.
   
  Regards, 
   
  Gao Mosweu
  Verdure (Pty) Ltd
  Botswana

   
  

Garth Graham <garth.graham at telus.net> wrote:
  On 6-Nov-07, at 11:30 AM, Dan Krimm wrote:

> First, the principle of "net neutrality" has deep roots, emerging 
> out of
> British Common Law: it was originally called "common carriage" and it
> applies to all sorts of transport systems with network topology that
> creates gatekeeper bottlenecks (originally, ferries over rivers, 
> extended
> to toll bridges, then to telecommunications, etc.). The idea was 
> that it
> was unfair (and bad for the economy) for gatekeepers to leverage their
> monopoly control over constrained points of public transit in any 
> way that
> involves discrimination between different people who need transit.
>
> In cases where the Internet rises to the level of "public utility" 
> in its
> importance to society, these principles apply to the Internet.

On a historical note, the Judge in the Vancouver Community Network's 
case on it's charitable status made reference to that principle of 
Common Law in describing the nature of the Internet.

Excerpts from the Reasons for Judgment of Hugesson, J.A., Pratte, 
J.A., concurring, in the case of Vancouver Regional FreeNet 
Association (appellant) v. Minister of National Revenue (respondent), 
Federal Court of Appeal, A-413-94, Heard at Vancouver (B.C.) on 
Monday, June 10, 1996. Judgment rendered at Ottawa (Ontario) on 
Monday, July 8, 1996.

http://www2.vcn.bc.ca/excerpts

GG
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