Providers want to restrict website traffic on their own

Russian providers may be able to independently limit the traffic of a number of sites. If this happens, the Russian Federation will receive the so-called “soft network neutrality” with “reasonable restriction and control of traffic, which may be provided for in the Infocommunication Code,” writes RBC.

Code will soon have to replace existing laws in IT and communications. The issue of traffic prioritization was discussed quite recently - January 17th. The meeting was about abandoning the principle of “network neutrality” in the event that the published data do not violate the law. If everything is good, providers will be able to pass traffic at the same speed regardless of whose schedule it is - a small site or a large service.

As for the “reasonable restriction and control of traffic”, it refers to the principle of network neutrality, when “reasonable restriction and control of traffic” is allowed. For example, the operator will be able to control traffic when the network is overloaded and to provide priority access to its own content. Among the drawbacks of the approach is the availability of a number of services at times of overload, plus the occurrence of the risk of using anti-competitive practices.
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As for the code itself, the Media-Communication Union, which unites the largest telecom operators and media holdings, is responsible for it. Now the Union is developing an infocommunication code - it is a single document that, according to its authors, should replace such laws as “On Communication”, “On Information, Information Technologies and Protection of Information” and “On Personal Data”. The new legislation will be able to take into account not only technologies and relations within the industry, but also "the opportunities and risks inherent in their development, including the exchange of information between devices, ensuring constitutional rights to privacy, the protection of personal data, etc." .

After the development of this document is completed, the concept of the code will be sent for approval to the head of Roskomnadzor Alexander Zharov. Also, the document will be sent to all members.
Working Group "Regulatory Regulation" of the program "Digital Economy". The final text is planned to be submitted by April. It is interesting that various organizations, including MTS, participate in the discussion of the document. Unfortunately, so far the position of telecoms operators regarding the document under discussion has not been covered.

The concept, the principle of "network neutrality" was introduced by the US Federal Communications Commission. This principle prohibits providers from blocking websites or using discriminatory measures against any Internet traffic. However, at the end of 2017, the United States canceled the rules, calling the changes “a measure to restore Internet freedom.” After the abolition of network neutrality, the FCC issued a press release stating: “Restoring a favorable climate for network investment is key to bridging the digital divide, encouraging competition and innovation that benefits consumers.” In addition, the same document stated that a special commission would require information from providers about blocking and “restriction” of traffic, as well as its priority issue for payment.

According to Russian experts, in many countries a reasonable limitation of neutrality applies. For example, in the European Union, in certain situations, providers may deviate from the implementation of the provisions of the net neutrality principle, and cooperate with the special services, providing it with an empty channel. In addition, priority may be traffic vital services - for example, telemedicine services. And it is quite reasonable.

Chief Analyst of the Russian Association of Electronic Communications (RAEC) Karen Ghazaryan believes that purely formal network neutrality protects young companies and startups. This principle gives companies the opportunity to compete with the giants. However, there are cases of traffic control in the interests of individual resources.

In Russia, the principle of network neutrality is formally enforced by providers, even though this concept is not included in Russian legislation. “When providing their services, operators do not give preference to some types of content or applications over others,” says the director general of TMT Consulting Konstantin Ankilov. According to him, if the provider’s client sees the unfair performance of duties by his company, he can choose a provider who maintains complete neutrality.

The Federal Antimonopoly Service (FAS) argue that limiting neutrality is not appropriate. “The principles of network neutrality developed by the FAS in cooperation with the federal authorities and the business community have shown their effectiveness. Any limitation of these principles should be justified, regulated and widely discussed. Now it’s hard to imagine what situations can justify limiting the principles of network neutrality, ”said RBC Head of Communications and Information Technology Regulation at FAS Elena Zaeva. Go

PS Discussion of this news is in this material .