Net Neutrality enacted in Holland

Some good news from the Netherlands for a change:

On 8 May 2012 The Netherlands adopted crucial legislation to safeguard an open and secure internet in The Netherlands. It is the first country in Europe to implement net neutrality in the law. In addition, it adopted provisions protecting users against disconnection and wiretapping by providers. Digital rights movement Bits of Freedom calls upon other countries to follow the Dutch example.

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In addition, the law includes an anti-wiretapping provision, restricting internetproviders from using invasive wiretapping technologies, such as deep packet inspection (DPI). They may only do so under limited circumstances, or with explicit consent of the user, which the user may withdraw at any time. The use of DPI gained much attention when KPN admitted that it analysed the traffic of its users to gather information on the use of certain apps. The law allows for wiretapping with a warrant.

Moreover, the law includes a provision ensuring that internet providers can only disconnect their users in a very limited set of circumstances. Internet access is very important for functioning in an information society, and providers currently could on the basis of their terms and conditions disconnect their users for numerous reasons. The provision allows for the disconnection in the case of fraud or when a user doesn’t pay his bills.

There are some specific Dutch clauses to the bill. The bill prohibits filtering of internet all together, providers cannot block any website or service whatsoever, no more blocking of Skype or Youtube on mobile phones just because it costs the providers money. But what it does allow is belief based filtering: there are a few providers who provide internet connections for e.g. Christians who’d rather not be confronted with the wicked outside and those are still legal. Which is as it should be.

The important thing is that no provider is now able to block services or websites they don’t like.