LQDN proposal for amendments on Single Market Regulation

De La Quadrature du Net
Révision de 12 décembre 2013 à 20:05 par Arthur (discussion | contributions) (Created page with " =Amendment 1 - Article 1.2 d)= <table><tr style="vertical-align:top; text-align:justify;"><td style="width:40%; padding:.6em 1em;">Commission</td> <td>Amendment</td></tr><...")

(diff) ← Version précédente | Voir la version courante (diff) | Version suivante → (diff)


Amendment 1 - Article 1.2 d)

Commission Amendment

d) to facilitate innovative and high-quality service provision;

d) to facilitate both innovative and high-quality service provision and affordable access to broadband communications, having regard in particular to the contribution and needs of small and medium-sized enterprises as well as the not-for-profit sector operators providing Internet access services.

</td></tr></table>

Amendment 2 – Recital 46

CommissionAmendment

The freedom of end-users to access and distribute information and lawful content, run applications and use services of their choice is subject to the respect of Union and compatible national law. This Regulation defines the limits for any restrictions to this freedom by providers of electronic communications to the public but is without prejudice to other Union legislation, including copyright rules and Directive 2000/31/EC.

The freedom of end-users to access and distribute information and lawful content, run applications and use services of their choice is subject to the respect of Union and compatible national law. This Regulation defines the limits for any restrictions to this freedom by providers of electronic communications to the public but is without prejudice to other Union legislation, including copyright rules, Directive 1995/46, Directive 2002/58 and Directive 2000/31/EC.

Amendment 3 – Recital 47

CommissionAmendment

In an open internet, providers of electronic communications to the public should, within contractually agreed limits on data volumes and speeds for internet access services, not block, slow down, degrade or discriminate against specific content, applications or services or specific classes thereof except for a limited number of reasonable traffic management measures. Such measures should be transparent, proportionate and non-discriminatory. Reasonable traffic management encompasses prevention or impediment of serious crimes, including voluntary actions of providers to prevent access to and distribution of child pornography. Minimising the effects of network congestion should be considered reasonable provided that network congestion occurs only temporarily or in exceptional circumstances.

In an open internet, providers of electronic communications to the public shall, within contractually agreed limits on data volumes and speeds for internet access services, not block, slow down, degrade or discriminate against specific content, applications or services or specific classes thereof except for a limited number of reasonable traffic management measures. Such measures shall be transparent, proportionate and non-discriminatory. Reasonable traffic management encompasses prevention or impediment of serious crimes, including voluntary actions of providers to prevent access to and distribution of child pornography. Minimising the effects of network congestion shall be considered reasonable provided that network congestion occurs only temporarily or in exceptional circumstances.

Amendment 4 – Recital 50

CommissionAmendment

In addition, there is demand on the part of content, applications and services providers, for the provision of transmission services based on flexible quality parameters, including lower levels of priority for traffic which is not time-sensitive. The possibility for content, applications and service providers to negotiate such flexible quality of service levels with providers of electronic communications to the public is necessary for the provision of specialised services and is expected to play an important role in the development of new services such as machine-to-machine (M2M) communications. At the same time such arrangements should allow providers of electronic communications to the public to better balance traffic and prevent network congestion. Providers of content, applications and services and providers of electronic communications to the public should therefore be free to conclude specialised services agreements on defined levels of quality of service as long as such agreements do not substantially impair the general quality of internet access services.

In addition, there is demand on the part of content, applications and services providers, for the provision of transmission services based on flexible quality parameters, including lower levels of priority for traffic which is not time-sensitive. The possibility for content, applications and service providers to negotiate such flexible quality of service levels with providers of electronic communications to the public could serve to the provision of specialised services and is expected to play an important role in the development of new services such as machine-to-machine (M2M) communications. At the same time such arrangements should allow providers of electronic communications to the public to better balance traffic and prevent network congestion. Providers of content, applications and services and providers of electronic communications to the public should therefore be free to conclude specialised services agreements on defined levels of quality of service as long as such quality characteristics are technically necessary for the functionality of the service and agreements do not substantially impair the general quality of internet access services.

Amendment 5 – Article 2 (15)

CommissionAmendment

(15) "specialised service" means an electronic communications service or any other service that provides the capability to access specific content, applications or services, or a combination thereof, and whose technical characteristics are controlled from end-to-end or provides the capability to send or receive data to or from a determined number of parties or endpoints; and that is not marketed or widely used as a substitute for internet access service;

15) "specialised service" means an electronic communications service or any other service that provides the capability to access specific content, applications or services, or a combination thereof, and whose technical characteristics are controlled from end-to-end or provides the capability to send or receive data to or from a determined number of parties or endpoints operated within closed electronic communications networks using the Internet Protocol with strict admission control; and that is not marketed or widely used as a substitute for internet access service or functionally identical to services available over the public internet access service;

Amendment 6 - Article 9.1

CommissionAmendment

The national competent authorities for radio spectrum shall contribute to the development of a wireless space where investment and competitive conditions for high-speed wireless broadband communications converge and which enables planning and provision of integrated multi-territorial networks and services and economies of scale, thereby fostering innovation, economic growth and the long-term benefit of end users.

The national competent authorities for radio spectrum shall contribute to the development of a wireless space where investment and competitive conditions for high-speed wireless broadband communications converge and which enables planning and provision of integrated multi-territorial networks and services and economies of scale, thereby fostering innovation, economic growth and the long-term benefit of end users. They shall also take full consideration of the contribution of unlicensed uses of spectrum as all as the granting of rights of use to small and medium-sized enterprises and the not-for-profit sector to provide efficient and affordable access to broadband communications.

Amendment 7 - Article 9.3

CommissionAmendment

When establishing authorisation conditions and procedures for the use of radio spectrum, national competent authorities shall have regard in particular to equal treatment between existing and potential operators and between European electronic communications providers and other undertakings.

When establishing authorisation conditions and procedures for the use of radio spectrum, national competent authorities shall have regard in particular to equal treatment between existing and potential operators and between European electronic communications providers and other undertakings. They shall also have regard to collective use of spectrum as well as shared and unlicensed use of spectrum.

Amendment 8 - Article 13.1 (i)

CommissionAmendment

(i) the reservation of radio spectrum for certain types of operators, or the exclusion of certain types of operators.

(i) the reservation of radio spectrum for certain types of operators, including operators in the not-for-profit sector, or the exclusion of certain types of operators,

Amendment 9 - Article 13.1 (k)

CommissionAmendment

the possibility to use radio spectrum on a shared basis;

the possibility to use radio spectrum on a shared basis, including on an unlicensed basis;

Amendment 10 - Article 14.4

CommissionAmendment

National competent authorities shall not restrict the right of end users to allow reciprocally or more generally access to their radio local area networks by other end users, including on the basis of third-party initiatives which federate and make publicly accessible the radio local area networks of different end user

National competent authorities shall not restrict the right of end users to allow reciprocally or more generally access to their radio local area networks by other end users, including on the basis of third-party initiatives which federate and make publicly accessible the radio local area networks of different end user. They shall also adapt the legal framework so as to foster the spread of cellular basestations and wireless mesh networks.

Amendment 11 – Article 19

CommissionAmendment

1. Any operator shall have the right to provide a European ASQ connectivity product as specified in paragraph 4. 2. Any operator shall meet any reasonable request to provide a European ASQ connectivity product as specified in paragraph 4 submitted in writing by an authorised provider of electronic communications services. Any refusal to provide a European ASQ product shall be based on objective criteria. The operator shall state the reasons for any refusal within one month from the written request. It shall be deemed to be an objective ground of refusal that the party requesting the supply of a European ASQ connectivity product is unable or unwilling to make available, whether within the Union or in third countries, a European ASQ connectivity product to the requested party on reasonable terms, if the latter so requests. 3. Where the request is refused or agreement on specific terms and conditions, including price, has not been reached within two months from the written request, either party is entitled to refer the issue to the relevant national regulatory authority pursuant to Article 20 of Directive 2002/21/EC. In such a case, Article 3(6) of this Regulation may apply. 4. The provision of a connectivity product shall be considered as the provision of a European ASQ connectivity product if it is supplied in accordance with the minimum parameters listed in Annex II and cumulatively meets the following substantive requirements: (a) ability to be offered as a high quality product anywhere in the Union; (b) enabling service providers to meet the needs of their end-users; (c) cost-effectiveness, taking into account existing solutions that may be provided on the same networks; (d) operational effectiveness, in particular in respect of limiting to the extent possible implementation obstacles and deployment costs for customers; and (e) ensuring that the rules on protection of privacy, personal data, security and integrity of networks and transparency in accordance with Union law are respected. 5. The Commission shall be empowered to adopt delegated acts in accordance with Article 32 in order to adapt Annex II in light of market and technological developments, so as to continue to meet the substantive requirements listed in paragraph 4.

deleted

Amendment 12 – Article 23.1

CommissionAmendment

1. End-users shall be free to access and distribute information and content, run applications and use services of their choice via their internet access service. End-users shall be free to enter into agreements on data volumes and speeds with providers of internet access services and, in accordance with any such agreements relative to data volumes, to avail of any offers by providers of internet content, applications and services.

1. End-users shall be free have the right to access and distribute information and content, run applications and use services and devices of their choice via their internet access service. In order to guarantee a genuine users’ freedom of choice, internet service providers shall not discriminate, restrict or interfere with the transmission of Internet traffic. Provided that they freely give their explicit, specific and informed consent, end-users shall be free to enter into agreements on data volumes and speeds with providers of internet access services and, in accordance with any such agreements relative to data volumes, to avail of any offers by providers of internet content, applications and services.

Amendment 13 – Article 23.2

CommissionAmendment

2. End-users shall also be free to agree with either providers of electronic communications to the public or with providers of content, applications and services on the provision of specialised services with an enhanced quality of service. In order to enable the provision of specialised services to end-users, providers of content, applications and services and providers of electronic communications to the public shall be free to enter into agreements with each other to transmit the related data volumes or traffic as specialised services with a defined quality of service or dedicated capacity. The provision of specialised services shall not impair in a recurring or continuous manner the general quality of internet access services.

2. End-users shall also be free to agree with either providers of electronic communications to the public or with providers of content, applications and services on the provision of specialised services with an enhanced quality of service. In order to enable the provision of specialised services to end-users, providers of content, applications and services and providers of electronic communications to the public shall be free to enter into agreements with each other to transmit the related data volumes or traffic as specialised services with a defined quality of service or dedicated capacity, as long as such specialized services operate on closed-networks with strict admission control and are not marketed or widely used as a substitute for internet access service or functionally identical to services available over the public internet access service. The provision of specialised services shall not impair in a recurring or continuous manner the general quality of internet access services.

Amendment 14 – Article 23.3

CommissionAmendment

3.This Article is without prejudice to Union or national legislation related to the lawfulness of the information, content, application or services transmitted.

3.This Article is without prejudice to Union or national legislation related to the lawfulness of the information, content, application or services transmitted.

Amendment 15 – Article 23.5

CommissionAmendment


5. Within the limits of any contractually agreed data volumes or speeds for internet access services, providers of internet access services shall not restrict the freedoms provided for in paragraph 1 by blocking, slowing down, degrading or discriminating against specific content, applications or services, or specific classes thereof, except in cases where it is necessary to apply reasonable traffic management measures. Reasonable traffic management measures shall be transparent, non-discriminatory, proportionate and necessary to:

5. Within the limits of any contractually agreed data volumes or speeds for internet access services, Providers of internet access services shall not restrict the freedoms right provided for in paragraph 1 by blocking, slowing down, degrading or discriminating against specific content, applications or services, or specific classes thereof, except in cases where it is necessary to apply reasonable traffic management measures. Reasonable traffic management measures shall be transparent, non-discriminatory, proportionate and necessary to:


Amendment 16 – Article 23.5.a

CommissionAmendment

a) implement a legislative provision or a court order, or prevent or impede serious crimes;

a) implement a legislative provision or a court order, or prevent or impede serious crimes;

Amendment 17 – Article 23.5.b

CommissionAmendment

b) preserve the integrity and security of the network, services provided via this network, and the end-users' terminals;

b) preserve the integrity and security of the European electronic communication provider’s network, services provided via this network, and the end-users' terminals;

Amendment 18 – Article 23.5.c

CommissionAmendment

c) prevent the transmission of unsolicited communications to end-users who have given their prior consent to such restrictive measures;

c) prevent the transmission of unsolicited communications for direct marketing purposes to end-users who have freely given their prior explicit and informed consent to such restrictive measures;

Amendment 19 – Article 23.5.d

CommissionAmendment

d) minimise the effects of temporary or exceptional network congestion provided that equivalent types of traffic are treated equally.

d) minimize mitigate the effects of temporary or exceptional network congestion, primarily by means of application-agnostic measures4 or, when these measures do not prove efficient, by mean of application-specific measures, provided that equivalent types of traffic are treated equally.

Amendment 20 – Article 23.5

CommissionAmendment

Reasonable traffic management shall only entail processing of data that is necessary and proportionate to achieve the purposes set out in this paragraph.

Reasonable traffic management shall only entail processing of data that is necessary and proportionate to achieve the purposes set out in this paragraph. The processing of data shall not reveal any information concerning the content of the communication the end users access.

Amendment 21 – Article 24.1

CommissionAmendment

1. National regulatory authorities shall closely monitor and ensure the effective ability of end-users to benefit from the freedoms provided for in Article 23 (1) and (2), compliance with Article 23 (5), and the continued availability of non-discriminatory internet access services at levels of quality that reflect advances in technology and that are not impaired by specialised services. They shall, in cooperation with other competent national authorities, also monitor the effects of specialised services on cultural diversity and innovation. National regulatory authorities shall report on an annual basis to the Commission and BEREC on their monitoring and findings.

1. National regulatory authorities shall closely monitor and ensure the effective ability of end-users to benefit from the freedoms provided for in Article 23 (1) and (2), compliance with Article 23 (5), and the continued availability of non-discriminatory internet access services at levels of quality that reflect advances in technology and that are not impaired by specialised services. To that purpose, the competent national regulatory authority shall: a) be mandated to regularly monitor and report on Internet traffic management practices and usage polices, in order to ensure network neutrality, evaluate the potential impact of the aforementioned practices and policies on fundamental rights, ensure the provision of a sufficient quality of service and the allocation of a satisfactory level of network capacity to the Internet. Reporting should be done in an open and transparent fashion and reports shall be made freely avail able to the public; b) put in place appropriate, clear, open and efficient procedures aimed at addressing network neutrality complaints. To this end, all Internet users shall be entitled to make use of such complaint procedures in front of the relevant authority; c)respond to the complaints within a reasonable time and be able to use necessary measures in order to sanction the breach of the network neutrality principle. This authority must have the necessary resources to undertake the aforementioned duties in a timely and effective manner. They shall, in cooperation with other competent national authorities and the European Data Protection Supervisor, also monitor the effects of specialised services on cultural diversity, competition and innovation. National regulatory authorities shall report on an annual basis to the public, the Commission and BEREC on their monitoring and findings.

Amendment 22 – Article 25.1.e.iva

CommissionAmendment

iva ) the communication inspection techniques used for traffic management measures, instituted for the purposes listed in article 23.5, and their repercussions on end users privacy and data protection right.