2002/21/EC/THIRD READING TARGET/Amendments
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Contents |
Amendment 1
The following shall be added:
(fa) "reasonable network management" means actions and operations performed by the undertaking essential to guarantee the operability of the network and to prevent special situations of temporary network congestion, that is free of discrimination with regard to type of application, service or content, or based on sender or receiver address.
Justification:
Undertakings will from time to time need to manage their networks to ensure that the networks do not break down in special situations of temporary network overload/congestions. Network management under this legal framework will have to be limited to these types of situations, and not unlimited to any ordinary day-to-day network management to manage any possible congestion. Any ordinary situation where congestion might occur has to be dealt with by the undertaking, but discrimination or prioritisation for commercial reasons or any reasons other than the need to keep traffic flowing, is unacceptable - to preserve a free and open Internet, all content, application and services must be give equal access to the infrastructure, without regards of their properties.
The scope of what can be throttled or blocked in a given situation needs to be clearly defined so that it reasonably handles all possible situations in an innovative and vibrant internet marketplace. The term discrimination, which is a term often used, must not in inself be interpreted to be referring to subsets of internet activities.
Amendment 2
The following shall be added:
(fb) "network management" means any procedure put in place by the undertaking to control the flow of traffic on any electronic communications network for any purpose;
Justification:
A broad of definition network management is needed for clarity and consistency of the Telecoms Package directives.
Amendment 3
The following shall be added:
(ca) ensuring that, under comparable circumstances, there is no discrimination in the limitations imposed by undertakings for network management purposes. These limitations are only acceptable if they are necessary to prevent activities that are harmful to the network, if they are necessary in order to comply with decisions of judicial authorities, or if they deal with exceptional situations of network overload during a limited period of time;
Justification:
To preserve a free and open internet, a platform for innovation, opportunity, and prosperity, the interests of the single stakeholder must yield if they come in conflict with the very foundation the internet is built upon (see e.g. Lynn St. Amour: /T/he Internet Model is based on widely supported key principles, such as the "end-to-end principle," which supports the global deployment of innovative, and often surprising applications. Those who create applications don't need permission to deploy them on the Internet.). All content, application and services must be give equal access to the infrastructure, without regards of their properties. The reference to harmful activities are rationaled by a principle of an open net, and by demanding a judicial process in advance of other network management, one secures a free internet, as long as democratic legislation is the foundation for any such process.
Amendment 4
The following shall be added:
(fa) ensuring all end-users can access, use and distribute content, services or applications of their choice, in a manner which ensures no discrimination with regard to type of application, service or content, or based on sender or receiver address, and in accordance with the relevant rules of Community law and national substantive and procedural law;
Justification:
The further development of the internet as the most important and efficient communication platform in a democratic society relies on the openness that is provided to its users and their choice of content, applications or services. This principle can be challenged by the legality of the end users choice of content, or services that are harmful to the infrastructure. These challenges have to be dealt with, but not with in this directive, given its scope, e.g. art 1 nr. 3. The amendment supports the principle of a balanced approach in protecting sufficiently end-users' rights and freedoms and the rights and freedoms of others, including the right to intellectual property protection and the right to privacy, in accordance with the principle on which Article 8 paragraph 4 point (ga) of Directive 2002/21/EC adopted in first and second reading (Amendment 138) is based. It restores the core principles of Article 8 paragraph 4 point (g) of Directive 2002/21/EC adopted in first reading (Amendment 61), while ensuring consistency with the principle of Amendment 138, which aims to guarantee that end-users should be able to access any content, application, or service of their choice, pursuant to their fundamental right to freedom of expression and information. It also intends to ensure that those rights are exercised under the conditions and within the limits defined by the relevant rules and principles of Community and national law.
