Network Neutrality Is Law In Chile
An anonymous reader writes "Chile is the first country of the world to guarantee by law the principle of network neutrality, according to the Teleccomunications Market Comission's Blog from Spain. The official newspaper of the Chilean Republic published yesterday a Law that guarantees that any Internet user will be able to use, send, receive or offer any content, applications or legal services over the Internet, without arbitrary or discriminatory blocking."
a Law that guarantees that any Internet user will be able to use, send, receive or offer any content, applications or legal services over the Internet, without arbitrary or discriminatory blocking
In Chile. If the servers are not in Chile then this law doesn't apply.
That makes sense. When I eat chile, I never have trouble with traffic flow or port blocking.
Be relentless!
In one word -- GREED!
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So does that mean illegal services (such as torrent sites on a blacklist) might be blocked?
And how long is it before that changes to "must be blocked" due to being a signatory on an international copyright treaty...
Or does it mean companies can no longer filter websites they find inappropriate? They after all a form of ISP in a way.
Any time you let the government decide what is permissible on your network you will be sorry in the end.
All this to solve a problem that doesn't even exist. The only time we saw torrent throttling (not even blocking!!) in the U.S. was Comcast, and they got smacked down for it. The market worked, why do we need regulation when there is no problem?
"Network Neutrality" sounds so happy and awesome at first, but it hides a greater problem than you'll ever see from throttling.
"There is more worth loving than we have strength to love." - Brian Jay Stanley
Obviously not. I'm certain the Chilean ISPs are still permitted to have acceptable use policies.
Be relentless!
"Chile is the first country of the world to guarantee by law the principle of network neutrality,"
Isn't passing a law that makes something originally outside the law to remain outside the law rather oxymoronic? It's like the US requiring members of sovereign nations that exist within its own borders prove to the US that they are valid members of said nation before the US will recognize them as such; such is the requirement for tribal membership for Native Americans. To pass such a law Chile only proves that it an make laws regarding net neutrality. If it can make them, it can remake them. If net neutrality were an objective fact, no country's laws would matter. Since they obviously do, even a 100% granting of neutrality by all concerned is no more than lip service. And being international, such a law would require a treaty. Check out for yourself how many treaties get signed by all involved, and how few of those actually get honored. TFA is the appropriate first step, but unless it's followed with some far more powerful and reaching reforms, say, putting worldwide network administration under a UN component with the power to actually act, it's strictly superficial regardless of intentions.
"I may be synthetic, but I'm not stupid." -- Bishop 341-B
He explained that suppliers must provide a service "which makes no distinction arbitrary content, applications or services based on the source of their origin or ownership."
In other words - no VOIP traffic prioritizing or in fact traffic shaping of any kind. Sorry Skype users, you'll have to stick with the big business telcos!
"There is more worth loving than we have strength to love." - Brian Jay Stanley
Glad to see the FUD campaign wrt Net Neutrality has achieved its goals. The meaning of the concept has been distorted beyond all recognition in certain countries.
People replying to my sig annoy me. That's why I change it all the time.
If this works out and their internet access appears to have been improved as a result, then I will support the concept of net neutrality. However, I doubt I will support and US implementation of it. I don't like the FCC. Anyone know anything about the regulatory commission that enforces net neutrality in Chile? Hopefully they are less political than our FCC.
All this to solve a problem that doesn't even exist. The only time we saw torrent throttling (not even blocking!!) in the U.S. was Comcast, and they got smacked down for it. The market worked, why do we need regulation when there is no problem?
REALLY?
You seem to forgotten that there was a lot of complaining and a lot of people finding no competition to turn to and then the FCC smacked Comcast for throttling torrents.
In other words, exactly the opposite of what you said.
I disagree, strongly. As one of the unlucky comcast customers who was caught up by their throttling for months, its very much a big deal to me. Especially when they kept insisting they weren't doing any of the kind of shit they eventually got caught doing, and to this day they still lie about the crap they were pulling. "Reasonable network management", my ass! Comcast claimed they weren't blocking anything, but when I had a torrent going (of ANYTHING) my downloads (on ANYTHING) dropped to almost nothing within 5 minutes, even at 3am! They throttled all traffic going to my computer because they saw one piece was something they didn't like (torrent traffic). The whole point of network neutrality is to keep them from pulling this kind of shit. They are welcome to throttle when I hit a certain amount of traffic for the month. They are NOT welcome to start throttling my fucking connection 5 minutes into a LEGAL BSD ISO download and turn the torrent, as well as the rest of my connection to crap to save themselves a few pennies on data transit costs. That is bullshit. Pure bullshit.
I can not wait for the US to implement mandatory network neutrality. And I'm not talking about Google+Verizon's underhanded back door deals that let them only do it where its favorable to them. It's either that, or force comcast, the bells, and any other company that's ever been given tax breaks and subsidized land from the city for their equipment and for their lines to force them to provide wholesale access to their wires to other isps. That way, consumers really do have a choice on who they can get internet from and whether they are going to put up with this kind of crap or not.
"It's either that, or force comcast, the bells, and any other company that's ever been given tax breaks and subsidized land from the city for their equipment and for their lines to force them to provide wholesale access to their wires to other isps. That way, consumers really do have a choice on who they can get internet from and whether they are going to put up with this kind of crap or not."
A. The ILECs (monopoly phone companies) generally do have to sell wholesale and ISPs use this. They just price their low-end DSL so low it forces all the competition out of business. You need a DSLAM in every POP to serve the whole city, and that means the cost of the hardware and rent to the ILEC. It also means rent for wires to cross-connect -- the ILECs milk you for whatever they can. It's expensive, and the ILEC has a huge advantage on it. So it's not just the leasing of wires that's the problem here. If you want real DSL competition, you need to allow a lot more cheap stuff to competitors, and see that it's not just the wires the ILEC has a monopoly on.
B. Little ISPs buy transit from bigger ISPs. DSL providers buy transit from backbone companies. If you don't have neutrality laws, the shit you're describing will still happen on a larger scale at the backbone level. I remember a case in Canada where precisely this happened, so the little ISP had to give up on promising no throttling.
C. "Pennies on data transit costs"? What are you smoking? They saved NOTHING on transit costs. They were trying to delay modernizing their network to handle the real traffic load. They were trying to make money on having extra cash to play with today, rather than invest for the future. This is done by giving dividends on the stocks (which your top executives own a lot of, isn't that interesting), profiting from investments, and not getting loans. Comcast was just behaving naturally: they were being colossal dicks.
I read it as meaning that if the operation of spam clients/servers in Chile were considered illegal then an ISP would be within its rights to downgrade the internet connectivity of those hosts without breaching their contract.
And so on.
For your question about torrent sites on a blacklist to have meaning, Chile would first need such a thing.
In this instance, the government isn't deciding what's permissible on *your* network. You don't own the network beyond your "modem".
This law is sensible, problem is too many of us aren't used to sensible laws!
So servers for spammers, hackers, torrents, porn, & gambling sites all have safe haven in Chile now?
I see you failed to read even the summary. The traffic still has to be legal.
So does that mean illegal services (such as torrent sites on a blacklist) might be blocked?
Perhaps, but before it could be any arbitrary block. Now there's a law that specifically says you can not unless it meets some exception, so I don't see how it could possibly be worse than before.
And how long is it before that changes to "must be blocked" due to being a signatory on an international copyright treaty...
The day YouTube has to shut down because *one* pirated clip is found on their service is the day all sanity has left the Internet anyway.
Or does it mean companies can no longer filter websites they find inappropriate? They after all a form of ISP in a way.
Only if they resell access to individuals or other companies, I would think. An employee is more like a child in your household, I doubt your teenage son can demand you give him unfiltered internet access by this law. I guess there's some ambiguity at college campuses and the like, but that is not a new discussion. Also I'm quite sure ISPs can continue to offer voluntary filtering services, I know at least some ISPs here do.
Any time you let the government decide what is permissible on your network you will be sorry in the end.
And the first amendment means the government decides what you can say in the US? Which is by the way a pretty good response to your first statement, even though there is freedom of speech there are certain forms of speech that are illegal and forbidden. It would be very strange for "speech" over the Internet to be any other way.
All this to solve a problem that doesn't even exist. The only time we saw torrent throttling (not even blocking!!) in the U.S. was Comcast, and they got smacked down for it. The market worked, why do we need regulation when there is no problem?
The market? Comcast has most their customers trapped or in a duopoly with an equally unfriendly ISP. The only reason they got smacked down was because they were being covert and dishonest about it, if they had been above board then people would be screwed.
"Network Neutrality" sounds so happy and awesome at first, but it hides a greater problem than you'll ever see from throttling.
I think you need better arguments, you sound like Chicken Little who has become convinced the sky is falling. So far I've hardly seen anyone against network neutrality that I would say act with the customer's best interests at heart. Predominantly it's either companies who will lose their ability to double dip and become Internet gatekeepers or MAFIAA-like organizations that have as their stated goal to reach agreements with intermediaries to block unregulated services and offer only a cripple-net of "approved" services. Then there's some shills and quite possibly the most legitimate are the libertarians who claims the government can't do anything right, even though rights like this is a huge counterexample.
Live today, because you never know what tomorrow brings
Zoidberg aside, this IS great news. Despite the "free from government" leanings here on slashdot, because of the way the market and the legal system works (despite our ideals), this is great news.
It's regulations like this that keep free markets free.
Operator, give me the number for 911!
you "sound" bitter just beacuse Chile passed a law that restricts the -evil- actions of the ISPs before the US
PS: the law also includes "delaying", so your post is pointless
So servers for spammers, hackers, torrents, porn, & gambling sites all have safe haven in Chile now?
At least THEY have rights! ---- you fucking douche.
I am open source, and Linux baby!
Yes. Just like they were before.
No shorter (if ever) than before the law.
Certainly not by any sane legal definition.
...which has what to do with Net Neutrality?
What if an ISP started throttling/blocking something a little less beloved than torrents? How much support would you get if they blocked, say, terrorist propaganda? Every one of the slippery slope arguments applied to government (not that I've heard a convincing one yet) can be applied to companies.
Again, no more than without Net Neutrality.
You know, there is a difference between trolling and pointing out the flaws in your reasoning. Just saying.
They are NOT welcome to start throttling my fucking connection 5 minutes into a LEGAL BSD ISO download and turn the torrent
I agree, but I ask: why should it matter if it's a "legal" download ... or otherwise? I don't expect my telephone company to censor my speech if I say things that someone else doesn't like (although that would certainly be possible from a technical perspective.) Likewise, I don't expect a company that I pay to transmit packetized data from here to there and back again to be in any way involved in determining the legality of said communications.
The higher the technology, the sharper that two-edged sword.
So does that mean illegal services (such as torrent sites on a blacklist) might be blocked?
Well, what do you think? Were illegal services all fine and dandy beforehand? Use your brain.
And how long is it before that changes to "must be blocked" due to being a signatory on an international copyright treaty...
OK, so throw out the baby with the bathwater. Also, that's pretty off-topic.
Or does it mean companies can no longer filter websites they find inappropriate? They after all a form of ISP in a way.
Huh? Are employees consumers?
Any time you let the government decide what is permissible on your network you will be sorry in the end.
This isn't the great firewall of China, in fact it's quite the opposite but "government bad! government will make you sorry!" is not a compelling argument.
All this to solve a problem that doesn't even exist. The only time we saw torrent throttling (not even blocking!!) in the U.S. was Comcast, and they got smacked down for it. The market worked, why do we need regulation when there is no problem?
Comcast won in the end in case you forgot here's a link, and they were resetting traffic with RST packets. If you dont think that was a test of what they could get away with, you're crazy. It was precedent setting.
"Network Neutrality" sounds so happy and awesome at first, but it hides a greater problem than you'll ever see from throttling.
I'm sorry this is going to sound rude but.... your post was either a complete troll or one of the stupidest things I have read on Slashdot in a long time. You warn of fixing a problem that doesn't exist and try proving your point with a bunch of unrelated "what-if" scenarios peppered with existential "you'll be sorry" fear mongering.
meep
Comcast won in the end in case you forgot
The only reason why Comcast won is that the FCC was trying to regulate the Internet under a section of the law that gave them absolutely no power to do so. The FCC is in a position to fix that problem, by regulating Internet access providers under Title II.
Avoiding Title II was criminally irresponsible on the part of the FCC in the first place, they got smacked down for it and now we all suffer the consequences of the FCC's previous decision to operate under a purely fictional legal regime. Wishful thinking doesn't usually carry you very far in the legal system. The FCC has the proper tools, now they just have to use them.
The telephone company doesn't want to care whether it is a legal download. Common carriers are insulated from liability for the traffic that goes across the network. Even common carriers can refuse to provide service for blatantly illegal activity, and on occasion may be required by the government to do so.
Under normal conditions they just have no incentive to do so, in part because the burden of proof is on them instead of the other way around. Nobody who is largely insulated from legal liability wants to go around provoking lawsuits. To say nothing of the fact that electronic communications providers are generally prohibited from analyzing traffic content for the purpose of determining whether it is legal or not.
Common carriers are insulated from liability for the traffic that goes across the network.
Internet providers (even those such as the Baby Bells and AT&T/SBC) received an exemption for their data services. Contrary to popular belief, they are not common carriers for the purposes of their data services, even if they also provide telephony service. Consequently, they are not largely insulated from legal liability.
You have it somewhat backwards (assuming you're talking about the U.S.) in that these big companies simply do not want to be considered common carriers when it comes to providing Internet connectivity. That's because a common carrier, in exchange for immunity from prosecution for any use of their equipment for illegal purposes, also comes under a much heavier regulatory burden (involving, among other things, quality of service, with penalties for failing to deliver) which they feel will cost them money. So, they take the risk of the occasional lawsuit in order to be able to deliver crappy service at will. In reality, nobody sues an ISP for Joe Crook's using the Internet so for them, not being a common carrier is a win-win situation.
The higher the technology, the sharper that two-edged sword.
So does that mean illegal services (such as torrent sites on a blacklist) might be blocked?
Perhaps, but before it could be any arbitrary block. Now there's a law that specifically says you can not unless it meets some exception, so I don't see how it could possibly be worse than before.
Unless companies view this law as saying how much they can get away with and still be legal. I don't know why but it seems like whenever a new law says "don't do X", companies take it as license to do anything that is not X even if before the law they wouldn't have done them. (There is probably some psychological/sociological phenomenon that explains this but that isn't my area.)
If you expect to be able to sue someone for NOT carrying traffic, you can't really expect them NOT to care if their carrying traffic gets them sued for a bigger amount, by someone else.
What you seem to want is immunity for the carrier, in exchange for not analyzing the traffic. There's very few countries that would consider "opaque" traffic as desirable public policy after 9/11, your feelings on that aside.
Perhaps, but before it could be any arbitrary block. Now there's a law that specifically says you can not unless it meets some exception
The exception being the only thing people are actually worried about being blocked.
I don't see how it could possibly be worse than before.
Not had to deal with government regulations I see. The worse part is that instead of media companies going to each and every ISP and attempting to get them to piss off customers, instead they simply have to convince a handful of regulators what a good idea it is for copyright to enforce a total ban on BitTorrent traffic, or at least from identified trackers. Then you are heading down the Great Firewall Of China route.
That is certainly worse.
And the first amendment means the government decides what you can say in the US?
The First Amendment PROHIBITS the government from making any laws restricting freedom of speech.
Is is exactly the opposite of making a law to say what speech is allowed, which is what happens with Net Neutrality laws.
The difference is that with no law you have true freedom, with a law explicitly allowing something the exceptions to what is "allowed" start rolling in, and can turn into disallowments.
The market? Comcast has most their customers trapped or in a duopoly with an equally unfriendly ISP. The only reason they got smacked down was because they were being covert and dishonest about it, if they had been above board then people would be screwed.
Then why didn't they go above board after and do it anyway?
Answer: Customers complained, and Comcast relented.
And I agree we have a terrible ISP monopoly problem in the U.S. So rather than stupid regulations "allowing" certain kinds of traffic, instead please "allow" us poor people to use any ISP we like.
I think you need better arguments, you sound like Chicken Little who has become convinced the sky is falling.
Here you are thinking of those arguing for regulation when no real problem is in sight.
We have plenty of examples of regulation choking industry and consumers (like the fact I can't sell old toys even in a yard sale now). It's pretty clear what will happen to anyone who cares not to repeat history.
"There is more worth loving than we have strength to love." - Brian Jay Stanley
Faking RST packets is not throttling. That is an active denial of service. This is what Comcast was alleged to be doing.
Yes, and perhaps I should have trusted the readership of Slashdot to understand the distinction, but to the average user there is no difference since "the traffic goes slower".
However your post brings up a disturbing issue. Seemingly from the way the new law is written, an ISP would NOT be prevented from forging traffic. So the ONLY PROBLEM we have ever actually seen in the market is not even addressed by Net Neutrality legislation and rules!
"There is more worth loving than we have strength to love." - Brian Jay Stanley
when I had a torrent going (of ANYTHING) my downloads (on ANYTHING) dropped to almost nothing within 5 minutes, even at 3am!
I can almost certainly guarantee that within four years of a network neutrality regulation being passed that at 3am your torrents would not slow - they would stop, at any time, because your ISP will be required by the FCC to not pass BitTorrent traffic from RIAA blacklisted sites.
Do not give them the very foothold they can use to get in your door.
I am a Comcast customer too. I had the same issues as you. And having had a taste of it in no way do I want that kind of thing permanent across all ISP's.
I can not wait for the US to implement mandatory network neutrality.
I almost year for you all to get just what you are asking for, so I can laugh and laugh and laugh. But as I said, I too enjoy the use of BitTorrent and I think I would be more sad to lose that than to be proven so completely how right I was...
"There is more worth loving than we have strength to love." - Brian Jay Stanley
First, thanks for the well reasoned response.
I read it as meaning that if the operation of spam clients/servers in Chile were considered illegal then an ISP would be within its rights to downgrade the internet connectivity of those hosts without breaching their contract.
That is how it reads now. But as with any law the problem is that other people can read it differently. And the fact there is a law means it is possible for someone to argue strongly it also includes copyright infringing traffic. And if the media industry has one thing, it's an army of very strong lawyers.
This law is sensible, problem is too many of us aren't used to sensible laws!
The law itself is eminently sensible, and even I would say well meaning. But a law is a tool that can be used by those who control how it is interpreted, and it basically gives those seeking to stop torrent traffic the tool they need.
"There is more worth loving than we have strength to love." - Brian Jay Stanley
You misunderstand me. The law makes it no more or less possible for illegal services to be blocked.
You know, there is a difference between trolling and pointing out the flaws in your reasoning. Just saying.
you "should be" bitter beacuse you're an idiot.
If your position is that the free market was powerless to control the Comcast situation and that government regulation got the job done, then we do agree, but that's not at all what you said.
I want different regulation and MORE intervention. I want the last mile to be public property and many ISPs to compete to provide services over it.
As soon as eminent domain and right of way entered the equation (as they must), a totally free market went out the window. When residential customers can change ISPs like changing channels on the TV, then close regulation of the ISPs might become less important. Now if the FTC would actually enforce truth in advertising in a meaningful way things might actually work.
The logistical nightmare of privately negotiating right of way with millions of property owners assures that a totally free market solution is impossible.
I wonder about an unintended side effect.
If a forum site blocks valid outgoing traffic to given IP address/block, serving "Your IP has been banned" page instead, isn't it in violation of this law?
What if an IRC user is unable to access a channel due to ban?
45 5F E1 04 22 CA 29 C4 93 3F 95 05 2B 79 2A B2
hint: not all dictators are fascists. They all pretty much suck, though.
The diario oficial is not "the official newspaper". It is in fact the public journal of the country, where laws are published.
Inadvertently you also pointed out the regulation we have would not be needed if other regulations were not in place enforcing Comcast in a monopoly in so many communities (you said the problem was people had no other ISP to turn to)... and you want MORE regulation?
Regulation A is bad. Regulation B is regulation. Therefore, regulation B is bad.
I hope this isn't as nuanced a world understanding as you will ever get.
I once saw a pre WWII Disney cartoon starring Donald Duck that used "American" this way.
I can't remember which one though.
I'll see your Constitution and raise you a Queen.
able to use, send, receive or offer any content, applications or legal services over the Internet
"legal services" does not mean "things that lawyers provide".
It means "services that are legal to provide".
Spamming and hacking are not legal, therefore will not have safe haven.
Porn and gambling depend on the jurisdiction, but I don't see an issue with either of these, really.
"City hall" in German is "Rathaus" Kinda explains a few things......
Its' true that some dictators are not fascists. Castro is not and was not a fascist, nor were any number of other Communist dictators, nor were most dictators before the Industrial Age, including the dictators of Rome.
But the argument that Pinochet was not a fascist says that he was a non-fascist in a category with non-fascists like Hitler. Therefore, apart from purely academic mental masturbation, Pinochet was a fascist.
--
make install -not war
I presume it means that if service is throttled for one, then it must be throttled for all. There is nothing there that says that ISPs must go max out with delivery speed.
Leslie Satenstein Montreal Quebec Canada
No, his statement was Regulation A is bad, therefore giving the people who implemented Regulation A more power in order to fix the problems created by Regulation A is only rewarding bad behavior. If we agree that Regulation A is bad and is causing the problems that cause some to desire Regulation B, wouldn't a better solution than Regulation B (which will have who knows what consequences--many possibly bad) be to get rid of Regulation A?
The truth is that all men having power ought to be mistrusted. James Madison
Fascists always have time to trollmod the truth about fascism.
--
make install -not war
There's nothing there that will stop them from prioritizing _all_ VOIP traffic.
There is - because it will provide no benefit for them.
As long as they are not slowing down other traffic arbitrarily, I have no problem with a company choosing to prioritize certain traffic on behalf of the user that the user pays for specifically.
In short, I would love to be able to pay for a high quality VOIP stream that would work well with video. But regulations like this will ensure a company cannot offer this service, because it would have to do the packet examination necessary to determine all the VOIP/video traffic and prioritize it as well - a large expense for little gain. So instead you'll continue to simply get mediocre service for everything instead of being able to pay extra for a higher quality service for some things.
I am against the forced reduction of choice that offers the market. Regulation is ALWAYS about limiting choice in some way, you just have to understand where the limitations are being imposed.
"There is more worth loving than we have strength to love." - Brian Jay Stanley