CRTC Releases Internet Traffic Management Policy

On October 21, 2009, the Canadian Radio-television and Telecommunications Commission (CRTC) released a regulatory policy, CRTC 2009-657 (Policy), on the review of Internet traffic management practices of Internet service providers (ISPs). The Policy is the CRTC’s framework for determining whether an ISP unfairly discriminates against certain kinds of Internet traffic and content. To increase transparency to consumers, the Policy requires ISPs to use economic measures, such as usage limits and higher fees for higher bandwidth, when they attempt to relieve congestion on their networks. Traffic interference by technical means such as traffic shaping is to be used only as a last resort. If ISPs wish to employ a network management practice, they will bear the onus of proving that the practice is tailored as narrowly as possible to the subject of the practice. The ISPs must also prove that the practice causes as little harm as possible to that subject, and that economic measures would not achieve the same result. The Policy applies equally to wireless services. The CRTC’s US counterpart, the Federal Communications Commission, recently voted to adopt six draft net-neutrality rules to preserve an “open Internet” and now seeks public input on the rules. The draft rules, similar to the CRTC’s Policy, require ISPs to treat lawful content, applications and services in a non-discriminatory manner, and to disclose to users information about network management practices. These rules will be subject to the “reasonable network management” exceptions: ISPs will be permitted to engage in reasonable practices to reduce network congestion, address harmful traffic such as viruses and spam, and block unlawful content and unlawful transfers of content. For the full text of Telecom Regulatory Policy CRTC 2009-657, visit: http://www.crtc.gc.ca/eng/archive/2009/2009-657.htm For news articles on reactions to the Policy, see: http://tinyurl.com/yl2lsey; and http://tinyurl.com/yhtkjdl For a news article on the rules proposed by the FCC, see: http://tinyurl.com/ylp7fd6 Summary by: Janet Chong