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Home , Net neutrality

IS NEUTRALITY A FORM OF

1NAND KUMAR SINGH, 2AJAY KUMAR YADAV

1,2,Loyola College (Kunkuri), Dr C V Raman University (Bilaspur) E-mail: [email protected], [email protected]

Abstract— Internet neutrality is the principle that Internet service providers and governments should treat all data on the Internet same, without discriminating or charging differentially by user, content, site, platform, application, type of attached equipment or mode of . Internet censorship is the control or suppression of what can be accessed, published, or viewed on the Internet. Blocking and filtering can be based on relatively static blacklist or be determined more dynamically based on real-time examination of the information being exchanged. New net neutrality rules of USA are affecting worldwide, and reshaping the debate over Internet regulations. While there's consensus that the decision will have impacts on Internet freedom worldwide, there's sharp disagreement over whether the new rules will help or hurt. This paper analyzes various arguments for and against net neutrality and tries to find out “Is Internet Neutrality a form of Internet Censorship”.

Index Terms— Internet Censorship, Internet Filtration, Internet Freedom, Internet Neutrality, Net Equality, Network Neutrality, Open Internet.

I. INTRODUCTION method is used to surf the internet, is at the effective discretion, if not mercy; of a provider that Internet is supposed to be born free, yet it is censored allows an account for service. almost everywhere. Censorship is defined as the institution, system or practice of reading II. PROBLEM STATEMENT communication and deleting material considered sensitive or harmful [1]. Throughout history, various Internet censorship and content restrictions can be methods of censorship have been used to reinforce enacted through a number of different strategies. It specific religious and political agendas. Technology may be carried out by governments or by private has often served as a major obstacle and catalyst for organizations at the behest of government, regulators mandating censorship. The task of maintaining the or on their own initiative. Individuals and status-quo through effective censorship policies is organizations may engage in self-censorship for moral, undergoing rapid change due to the growth and religious or business reasons, to conform to societal diversity of different devices and networks. norms, due to intimidation or out of legal or other Internet enables rapid generation and spread of consequences. information and ideas compared to previous In order to specify the content or category to be technologies. The combination of the ability to rapidly blocked, the blocker may use an IP address; port or generate and share new ideas coupled with the protocol; domain name; URL; content signature, or complexity of controlling information flow, creates a keyword. These resources may be used to distinguish viral effect which can pose significant risks to the exact content to be prevented from appearing in a authoritarian regimes if the information contains user’s results or web browser. subversive content which may influence the status quo Furthermore, Internet censorship is carried out in or incite collective action and free thought. several less-direct ways highlighted in recent news Even though censoring information on the Internet stories. These methods include, but are not limited to: may be more difficult compared to other forms of  Restricting the speed of the Internet to impede media, several techniques have been developed and the viewing and downloading of information and are in use in several societies such as , Iran, and materials; Syria.  Raising the cost of Internet access to levels that A review of relevant literature has revealed that the are cost-prohibitive to the population. most prevalent use or practice of Internet censorship is primarily conducted in authoritarian regimes, such as Internet service providers control the pipeline that China, Cuba, Iran, North Korea, Syria, and Tunisia feeds devices and data connection. These Internet [2]. These countries have employed several new service providers positioned as a gatekeeper might be policies and technologies aimed at controlling access able to restrict the speed of internet or raise the cost of to information on the Internet. internet access. If an Internet service provider decides In addition to governments, Internet Service Providers to vary internet speed or is able to charge varied rates, or ISPs, can decide what parts of the Internet people will it affect the openness and free information flow of can access and what parts are blocked. No matter what Internet?

Proceedings of 40th IRF International Conference, 10th April, 2016, Chennai, India, ISBN: 978-93-85973-98-7 66 Is Internet Neutrality a Form of Internet Censorship III. PROPOSED WORK

The infographic in Fig. 1 [3], commissioned by WhoIsHostingThis, a hosting review business with a deep interest in Internet regulatory issues, maps the key decisions by Congress and the United States Federal Communication Commission or FCC over a period of decades. This journey of decades has people, organizations, and arguments in favor of and against net neutrality. The objective of this paper is to analyze the arguments for and against net neutrality and to find out the relationship between net neutrality and Internet censorship.

IV. ANALYSIS

It was way back in 2003, when a media law professor from in the United States, , first wrote of the need for a common principle wherein all Internet Service Providers and governments view all data traffic on the internet equally and without discrimination and without differential charging based on content, user, platform, application, site, mode of communication or the type of equipment attached. Ever since, the debate on whether the internet traffic should be completely free and available to all or whether the Internet Service Providers could charge a premium for providing faster speeds and better data access experience has been raging. Proponents often see net neutrality as an important component of an open Internet, where policies such as equal treatment of data and open allow those on the Internet to easily communicate and conduct business without interference from a third party [4]. A closed Internet refers to the opposite situation, in which established persons, corporations or governments favor certain uses. A closed Internet may have restricted access to necessary web standards, artificially degrade some services, or explicitly filter out content. Following are the arguments in favor of net neutrality

1. A user who gets used to the "fast lane" on the Internet would find the "slow lane" intolerable in comparison, because of the human psychological process of adaptation where when people get used to something better, they would not ever want to go back to something worse, greatly disadvantaging any provider who is unable to pay for the "fast lane". 2. The right to demand a toll to guarantee quality or premium delivery would create an exploitative business model based on the Internet Service Providers position as gatekeepers [5]. Ensuring all people and equal access to each other, regardless of their ability to pay, prevents the need to pay for speech and the further centralization of media power. FIG 1

Proceedings of 40th IRF International Conference, 10th April, 2016, Chennai, India, ISBN: 978-93-85973-98-7 67 Is Internet Neutrality a Form of Internet Censorship As in any debate, it’s important to hear the other side micromanage telecom services and regulate internet as of the story before drawing any conclusion. The net neutrality regulation necessarily involves Internet Service Providers have been defending the government intervention. preferential pricing mechanism based on control of In January 2014 a federal appeals court of United speed and service quality and putting forth an States nullified some key provisions of a 2010 Federal argument that they have spent billions to set up Communication Commission order on net neutrality network like state-of-the-art fibre rules. This decision opened the possibility for Internet optic cables. According to them, unless they can Service Providers to throttle Peer-to-Peer data sharing, recover those costs through premium pricing based on block file-sharing sites, and implement pay-to-play premium levels of service, they will be unable to plans, which all go against the spirit of the net recover the massive investment made. Furthermore, neutrality principle. However, in February 2015, new they argue that if net neutrality is enforced, then future Federal Communication Commission rules on net investments in telecommunications infrastructure will neutrality confirmed the basic rules of no blocking, no be curtailed, thereby impacting user experience. throttling, and no paid prioritization. Following are the arguments against net neutrality In March 2015, the Telecom Regulatory Authority of India or TRAI released a formal consultation paper on 1. Prioritization of is necessary for future Regulatory Framework for Over-the-top (OTT) innovation on the Internet [6]. Net neutrality services, seeking comments from the public. By 24 would make it more difficult for Internet Service April 2015, over a million had been sent to Providers and other network operators to recoup TRAI demanding net neutrality [12] [13] [14] [15]. On their investments in networks [7]. The 8th Feb 2016, Telecom Regulatory Authority of India added revenue from such services could be used banned differential pricing of data services [16] [17]. to pay for the building of increased broadband access to more consumers [8]. REFERENCES 2. The greater threat to Internet freedom arises from giving the government the power or, more [1] Merriam Webster Dictionary accurately, the government arrogating unto itself http://www.merriam-webster.com/. [2] Roberts et al, “2007 Circumvention Landscape Report: the power to determine whether private Internet Methods, Uses, and Tools,” The Berkman Center for providers are discriminating among users or Internet & Society at Harvard University, March 2009. content providers, or to force Internet providers to [3] http://assets.entrepreneur.com/article/1404332257-brief-un carry content they may prefer not to transmit. This folding-history-net-neutrality-infographic.jpg [4] http://www.ec.europa.eu/digital-agenda/about-open-intern fear is enhanced by the knowledge that net et neutrality's "discrimination" prohibition is [5] http://www.accel-networks.com/blog/index.php?q=/2010/0 inherently vague, and, therefore, the range of 8/what-is-net-neutrality.html bureaucratic discretion is inherently large, if not [6] Hart, Jonathan D. (2007). Internet Law. BNA Books. p. 750. ISBN 9781570186837. unbounded [9]. [7] http://www.ftc.gov/news-events/press-releases/2006/12/ftc -host-workshop-broadband-connectivity-competition-polic CONCLUSION y [8] Meza, Philip E. (20 March 2007). Coming Attractions?. Stanford University Press. p. 158. ISBN 9780804756600. The Internet has unleashed innovation, enabled [9] http://www.cnet.com/news/why-net-neutrality-is-incompat growth, and inspired freedom more rapidly and ible-with-internet-freedom/ extensively than any other technological advance in [10] http://www.savetheinternet.com/net-neutrality human history. Its independence is its power. [11] http://www.globalresearch.ca/digital-democracy-v-corpora te-dominance-r-i-p-internet-neutrality/5365146 Without Net Neutrality, Internet Service Providers [12] http://ibnlive.in.com/news/indians-rally-for-internet-freedo would be able to block content and speech they don’t m-send-over-1-lakh-emails-to-trai-for-net-neutrality/53955 like, reject apps that compete with their own offerings, 3-11.html and prioritize web traffic (reserving the fastest loading [13] http://www.cyberworldmirror.com/india-fights-for-netneut rality/ speeds for the highest bidders and sticking everyone [14] http://www.bbc.com/news/world-asia-india-32313704 else with the slowest) [10]. [15] http://tech.firstpost.com/news-analysis/over-3-lakh-emails- Without Net Neutrality, Internet Service Providers sent-to-trai-in-support-of-net-neutrality-so-far-263021.htm will be able to devise new schemes to charge users l [16] http://economictimes.indiatimes.com/industry/telecom/trai more for access and services, making it harder for us to -set-to-bar-differential-pricing-of-data-services-regulations communicate online – and easier for companies to -out-today/articleshow/50900423.cms censor our speech [11]. [17] http://www.bbc.com/news/technology-35522899 With Net Neutrality, government will be able to

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Proceedings of 40th IRF International Conference, 10th April, 2016, Chennai, India, ISBN: 978-93-85973-98-7 68