UN Internet meeting about who pays, not who rules: Geist

Published on Sunday November 25, 2012

By Michael Geist, Internet Law Columnist
Toronto Star

http://www.thestar.com/business/article/1292766--un-internet-meeting-about-who-pays-not-who-rules-geist


Should the Internet be treated like traditional phone services when it 
comes to the regulation and pricing? That is the contentious question as 
the International Telecommunications Union, a United Nations agency with 
roots dating back to 1865 and the interconnection of telegraph services, 
meets in Dubai next week for the World Conference on International 
Telecommunications (WCIT). The WCIT is a treaty-writing event that has 
attracted growing attention given fears that the ITU and countries such 
as Russia plan to use it to press for greater control over the Internet.

There are certainly legitimate reasons for WCIT suspicion since the ITU 
lacks transparency and largely excludes public participation. For 
months, the ITU proposals scheduled for debate (known as International 
Telecommunications Regulations or ITRs) were shrouded in secrecy and the 
organization itself offered only limited opportunity for public 
participation. Moreover, some countries view the WCIT as an opportunity 
to increase their leverage over the Internet by proposing regulations 
that would increase governmental controls.

While these issues are cause for concern, proposals aimed at seizing 
control of Internet governance are unlikely to succeed and the reality 
is that governments already flex their regulatory muscles within the 
current U.S.-backed Internet governance framework.

The focus on a UN takeover of the Internet has obscured the real concern 
with the WCIT, namely efforts by telecom companies to find new sources 
of revenue by changing the way we pay for the Internet.

Before the emergence of the Internet, telecom companies often enjoyed 
monopolies within their own countries and were able to extract enormous 
fees for long distance calling and other services. Those revenues have 
diminished in recent years as the Internet enables consumers to shift 
from expensive telecom services to cheaper, more flexible, and less 
regulated Internet-based alternatives such as Internet telephony, 
instant messaging, and over-the-top video services.

Some telecom companies and developing countries with government-backed 
monopoly providers now view the WCIT as an opportunity to bring the 
traditional telecom model to the Internet. For example, the European 
Telecommunications Network Operators Association (ETNO), a consortium of 
41 telecom companies, has proposed a new sender pay model for Internet 
traffic so that its members receive “fair compensation.”

The interconnection of Internet traffic is generally managed through 
“peering” arrangements in which Internet providers exchange traffic 
without metering or further charges. The system means that sending 
Internet traffic to another provider is effectively free with revenues 
generated through a receiver pay model (ie. consumer and business 
monthly Internet access subscription fees). Internet providers face 
costs in building and maintaining their networks, but peering 
arrangements ensure that there are few additional costs in transmitting 
the data.

The ETNO has proposed replacing the current peering model with a 
“sending network party pays” model, which would create enormous new 
costs for major content providers such as Google or Netflix. The 
long-term impact would be to either shift significant new costs to 
consumers or lead to a global digital divide in which the large content 
companies stop sending traffic to uneconomic countries where the 
financial return from sending traffic is outweighed by the new 
transmission costs.

Not only is ETNO seeking a new payment model for Internet traffic, but 
it also wants new “quality of service” rules for the Internet that are 
reminiscent of older telecom models and which would threaten net 
neutrality principles that ensure that all Internet traffic is treated 
equally.

Many countries, Internet companies, and even North American telecom 
companies are on record as opposing ETNO’s plans. Some have gone further 
by asking whether Internet services belong in a telecom discussion and 
expressing doubts about the need for ITRs in a marketplace that is 
largely deregulated and has relied on private contracts to address 
network traffic management. As the telecom world gathers in Dubai, it is 
these issues that bear watching, not over-the-top claims about a United 
Nations takeover of the Internet.

-----------------------------------
Michael Geist holds the Canada Research Chair in Internet and E-commerce 
Law at the University of Ottawa, Faculty of Law. He can be reached at 
www.michaelgeist.ca.

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