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A look at the Chilean regulation on net neutrality

On December 15 Chile adopted a regulation on net neutrality that can serve as models for possible rules in other countries. can access it here .

basically regulates three principles:

1 º Publicity about the connection.

Each ISP must set up a website where, in a simple, uncomplicated, each client can access the information effectively engaged connection, ie, access the "log" user. Here you can check if you hired is about what is actually offered by the service provider for your specific connection.

In Spain you can access media data, which normally publishes CMT Blog , but not the connection data of each client.

Ban 2 nd block, interfere with, discriminate against or restrict any content, application or services of arbitrary or based on source or ownership of these.

words, prohibits the censor certain protocols (VoIP, P2P, video-streaming).

3 º Open the door to a free Internet access to certain protocols and traffic management measures.

This is the dark side of this regulation. On the one hand in the art. 7, the same that prohibits blocking services, said that should be provided to each user, "service Internet access or connectivity to the Internet service provider as appropriate, that does not distinguish arbitrarily content, applications or services, based on the source or their property, taking into account the different configurations of Internet connections, which vary depending on the type force contract with each user. " Also art. 9 states that the ISP may block content, applications or services at the specific request of the user, differential parental control, bound below. Can contractual arrangements launch locks?

can be interpreted as there can be no arbitrary control but whether based on contract modalities. For example, a contract without cheapest VOIP or other free P2P (although its content is legal).

Moreover the art. 8 provides the possibility ("may take necessary action") to carry out traffic management long as it can not affect free competition. And they will not be arbitrary if there is information to the user and there is no undue discrimination. That is, they enable restrictions although the general rule of Telecommunications (Law 18168 s. 24 H) the prohibited without exception.

This privilege can hide that all payment services equally (which are effectively exercise that jurisdiction) on free services (eg video or audio streaming free legal).

Impact

Perhaps these dark areas, giving opportunities for a change in management and Internet form, the standard has not aroused any sympathy expected. In fact, recently there has been a requirement against this legal regulation.

My view is that regulation is necessary, but not all regulation is valid. Our Senate and unanimously made a declaration to that effect on December 1, 2010.

What will bring the English?