On Net Neutrality
The constitution of India accords and guarantees
several rights to citizens through its august charter, One of such liberties
enshrined its code is the freedom to speech and expression. The right and the
ability of individuals to express their opinion is a vital component of any
functioning democracy, the right enables and entitles the sharing, gathering
and inseminating of opinions without fetters or restrictions. The
Internet is a great enabler in this context. Access to the internet allows
citizens to monitor governments, share information and opinions, access news
and daily events, it allows them to organise and galvanise a disparate populace
into a unified mass. The internet has allowed dreamers to become visionaries
and provided a voice to the hitherto voiceless who are now able to air their
opinions, grievances and are able to mobilise public opinion on social media
and other methods over critical issues that need the attention of the powers to
be in the country.
The role of the internet in advancing human
learning and capacity has been beyond our imagination and expectation; it has
allowed unprecedented interchange of information and across international
borders enriching us and opening our eyes to the world at large and helped
create and foster communities. It should therefore come as no surprise that a
United Nations report has gone as far to declare unrestricted access to the
internet a human right.
The internet has also become an integral platform
for businesses because of its speed , connectivity and its open, transparent
and frankly; egalitarian nature. The internet acts as an equal opportunity
medium for all businesses allowing them to and fro access to consumers and
other associates without favour or bias, this parity allows for the emergence
of business models which are beneficial to the interests of consumers to emerge
and challenge the entrenched players their respective industries. Without equal
access to the internet such disruptive models, new applications, stores and,
services that we utilise on a daily basis would have remained a pipe dream.
It is in this context that I am alarmed by the recent events aimed at impinging the principles of net
Neutrality. It is our belief that internet service providers should be
restricted to only providing access to data and should not be able to provide
preferential access based upon source, to one stream of data over another. This
discriminatory approach is detrimental to one and all and by virtue of such
restrictions impinges upon the freedom of expressions of users by enabling
telecom companies to restrict access to methods of communications and services
which may not be conducive to their business models.
I am of the opinion that the internet cannot be
broken into silos. Service providers in businesses that provide utilities are
paid on the basis of the volumes consumed by the customers. Electricity
companies cannot levy separate charges for the use of a table fan versus an air
conditioner, similarly water distribution companies cannot an additional charge
if the water they supply is used to prepare an evening’s refreshment instead of
watering the lawn. Further, should the end user be able to utilise the water or
electricity delivered by such companies to earn extraordinary profits It would
be absurd and unjustifiable of such companies to demand a share of profits from
the users. Just because a billion dollar deal takes place over the phone
does not entitle the telecom operator to claim a share in the profits of the
user. In the same manner a telecom operator or an ISP should function solely as
a pipeline and not be able to distinguish between various uses of the data or
levy separate charges for one use over another. Allowing such discrimination
has a far reaching impact by affecting not only businesses by creating an
uneven playing field, but also prevents free discourse and putting a stop
to ideas that do not conform with the views or pockets of the operators.
The solution in my opinion, is to treat Internet
Service Providers on par with utility firms, the customers should be charged on
the basis of the data consumed by such customers irrespective of what the
individual packets of data convey. Allowing enterprises to discriminate between
an email, a lovers note, a cat video or a revolutionary manifesto sets us all
on a slippery slope away from the freedoms that we cherish and seek to
maintain.
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