[Chapter-delegates] Netherlands is First Country in Europe with Net Neutrality

Sun May 13 22:32:38 PDT 2012

Greetings Alejandro,

You raise very pertinent issues, this issue has to be approached soberly
and as you rightly say, there has to be a source of factual information to
guide the public before implementation of such initiatives. Two months ago
there was a lot of noise in the Kenyan media (contemporary and Social) over
the regulators planned installation of a Network Monitoring System see
http://www.cofek.co.ke/index.php?option=com_content&view=article&id=963:cofek-letter-to-cck-boss-on-bid-to-spy-on-internet-users&catid=1:latest-news
.
This was purely on Cybersecurity grounds and efforts to counter terrorism.
Whereas the idea is good based on the fact that there are a lot
CyberSecurity Security threats due to heavy use of Mobile Money and
e-commerce, the public did not understand what the process entailed. There
was also lack of interest by the public to participate in a
multistakeholder process aimed at awareness creation, in my opinion there
has to be a deliberate strategy having the end in mind to ensure that the
Laws that are passed promote growth and further developement of the
Internet whilst safeguarding the interests of all stakeholders.

On Mon, May 14, 2012 at 6:44 AM, Eduardo Rojas
<eduardo at fundacionredes.org>wrote:

> Dear Alejnadro,
> Thank you very much for such important insights and recommendations. We
> took the word from ISOC Bolivia, given that we are in the organization of
> our agenda of priorities, and posts like yours serve us much to our
> planning.
> regards****
>
> ** **
>
> ** **
>
> ** **
>
> J. Eduardo Rojas****
>
> *Miembro del Directorio - ISOC Bolivia*
>
> Calle Víctor Sanjinés Nº 2895 Piso 1 Of. 3****
>
> Facebook: eduardosocio****
>
> Twitter: eduardosocio****
>
> La Paz, Bolivia****
>
> ** **
>
> ** **
>
> ** **
>
> ** **
>
> *De:* chapter-delegates-bounces at elists.isoc.org [mailto:
> chapter-delegates-bounces at elists.isoc.org] *En nombre de *Dr. Alejandro
> Pisanty Baruch
> *Enviado el:* domingo, 13 de mayo de 2012 21:48
> *Para:* Eduardo Diaz; Rudi Vansnick
>
> *CC:* Chapter Delegates; Chapters European
> *Asunto:* Re: [Chapter-delegates] Netherlands is First Country in Europe
> with Net Neutrality****
>
> ** **
>
> Hi all, ****
>
> ** **
>
> we have been involved in the Network Neutrality legislation effort in
> Mexico and what we've learned is a good lesson. ****
>
> ** **
>
> ISOC Mexico has been rather cautious in this matter as we know even the
> name "network neutrality" is problematic, as has been well explained by
> ISOC and many of us over the years. We are wary of legislation since it can
> have lots of unintended and unforeseeable consequences, and, worse, the
> political process of legislating may hide great risks - and we did find out
> those!****
>
> ** **
>
> A few months ago, the Science and Technology Commission of the Senate,
> with whose Chair we have a good dialog as he understands Internet issues
> well (he is a former President of a University and a graduate in
> Economics), put forward a draft Network Neutrality law, largely inspired in
> the one in Chile and also possibly a result of extensive discussions with
> the representatives of Google in Mexico. This initiative was not accepted
> in the joint Senate Commissions charged with studying it before it went to
> the Plenum.****
>
> ** **
>
> The next step the Senate took was to call for a public consultation on the
> issue. About half the experts in the consultation, which took place a few
> weeks ago, were members of ISOC, with a variety of views. In general the
> principle of Network Neutrality, in some version, was reaffirmed, though
> with a clear opposition of some of the telcos and ISPs also present in the
> consultation. The Senate group which convened the consultation agreed to
> call on a small group of experts and draft an alternative law.****
>
> ** **
>
> What they came up was very bad. Essentially it was a law that would allow
> any violations to Network Neutrality as long as the providers inform their
> clients of them. This was drafted by a well-known consultant who, in a
> Twitter discussion, said he was using one of the arguments I had presented
> in the consultation, viz. a market approach. What I said was a bit broader,
> saying that countries like the UK (through OFCOM) are letting the market
> decide but watching carefully for violations and ready to regulate.****
>
> ** **
>
> So immediately we went into opposition, especially when we realized that
> the initiative was going to be passed by fast track without any votes! It
> took us a weekend of intense Twitter campaign - based on my blog for
> explanations - to make the Senators backing the initiative to announce they
> woul withdraw it.****
>
> ** **
>
> So my word of caution - don't play with fire. Go to the legislative only
> if you can prove that you have the right backers and allies, that you have
> assessed well the adversary's power and their silent lobbying, and with a
> backup/exit plan. As much as we are happy with good results, like the law
> in the Netherlands which Rudi has brought to our attention, we will be
> suffering great damage globally with each bad law that is enacted and can
> be quoted as a precedent.****
>
> ** **
>
> I think that we should also be careful about the use of ISOC's name and
> corporate image as we enter these battles. Are we strong enough? are we
> perceived as an independent, nationally loyal entity? or can some local
> actors weaken our case by calling us "lackeys of imperialism", "agents of
> American interest", etc.? Do we appear aligned with a political party when
> we enter this fight in each specific country? There's a lot of evaluation
> to be done. In our case, we let it be known that we are in ISOC, I am known
> as the ISOC Mexico Chair and others for their service to ISOC, we quote
> ISOC materials intensively, etc., but we don't go in in a corporate way. I
> believe that this has proven to be a wise strategy given our circumstance
> and that it may be different for others.****
>
> ** **
>
> I will be glad to share more information and documents with those
> interested. This is part of the now long experience of engagement with
> law-making and public policy we have developed in ISOC Mexico.****
>
> ** **
>
> Yours,****
>
> ** **
>
> Alejandro Pisanty****
>
> ** **
>
> ** **
>
> ** **
>
> .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  . .  .  .  .  .  .
>      Dr. Alejandro Pisanty
> UNAM, Av. Universidad 3000, 04510 Mexico DF Mexico
>
> Tels. +52-(1)-55-5105-6044, +52-(1)-55-5418-3732
>
> *Mi blog/My blog: http://pisanty.blogspot.com
> *LinkedIn profile: http://www.linkedin.com/in/pisanty
> *Unete al grupo UNAM en LinkedIn,
> http://www.linkedin.com/e/gis/22285/4A106C0C8614
> *Twitter: http://twitter.com/apisanty
> ---->> Unete a ISOC Mexico, http://www.isoc.org
>  Participa en ICANN, http://www.icann.org
> .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .
> .****
> ------------------------------
>
> *Desde:* chapter-delegates-bounces at elists.isoc.org [
> chapter-delegates-bounces at elists.isoc.org] en nombre de Eduardo Diaz [
> eduardodiazrivera at gmail.com]
> *Enviado el:* domingo, 13 de mayo de 2012 08:49
> *Hasta:* Rudi Vansnick
> *CC:* Chapter Delegates; Chapters European
> *Asunto:* Re: [Chapter-delegates] Netherlands is First Country in Europe
> with Net Neutrality****
>
> Rudi: ****
>
> ** **
>
> This great news indeed.****
>
> ** **
>
> Our chapter is working with a couple of legislators in Puerto Rico to pass
> a similar law. Let's see how far we can go with it. ****
>
> ** **
>
> -ed****
>
> ** **
>
> On Sun, May 13, 2012 at 5:12 AM, Rudi Vansnick <rudi.vansnick at isoc.be>
> wrote:****
>
> Netherlands is First Country in Europe with Net Neutrality<http://e2ma.net/go/11036753017/208894755/234081773/1411202/goto:http:/advocacy.globalvoicesonline.org/2012/05/09/netherlands-net-neutrality/>
>
>
> <http://e2ma.net/go/11036753017/208894755/234081774/1411202/goto:http:/advocacy.globalvoicesonline.org/2012/05/09/netherlands-net-neutrality/>May
> 8th, 2012 is a day to celebrate in The Netherlands as it becomes the first
> country in Europe to protect its citizens by enshrining net neutrality into
> law. The Netherlands is also implementing privacy protections for users
> against wiretapping and disconnection by the Internet Service Providers
> (ISPs), which will no longer be able to interrupt traffic of users unless
> it is proven to be in the public interest. (Global Voices, 5-8)****
>
> ** **
>
>
> http://advocacy.globalvoicesonline.org/2012/05/09/netherlands-net-neutrality/
> ****
>
> ** **
>
> Rudi Vansnick****
>
> *——————————————— Internet Society Belgium  —————————————————*
> President - CEO                      Tel +32/(0)9/329.39.16
> rudi.vansnick at isoc.be            Mobile +32/(0)475/28.16.32****
>
> Dendermondesteenweg 143        B-9070 Destelbergen  BELGIUM****
>
> www.internetsociety.be       "The Internet is for everyone"****
>
> ———————————————————————————————————————————————————————————****
>
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>
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Barrack O. Otieno
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