0:00:00.000,0:00:15.200 33C3 preroll music 0:00:15.200,0:00:21.420 Herald: “On the internet[br]you decide what you do, right?” 0:00:21.420,0:00:27.509 This is a question that I found on[br]your website RespectMyNet.eu. 0:00:27.509,0:00:31.050 And well, I don’t know what you[br]think, it sounds quite plausible. 0:00:31.050,0:00:35.810 But the answer that they give is:[br]“Maybe not!” So, who that is, 0:00:35.810,0:00:39.829 who actually decides what[br]you do on the internet and 0:00:39.829,0:00:44.470 what consequences that has,[br]and what you can do against that – 0:00:44.470,0:00:48.390 these two men will tell you now.[br]They are Thomas Lohninger 0:00:48.390,0:00:53.289 who fought against data retention[br]in Austria – and successfully – 0:00:53.289,0:00:56.590 and he has been very active[br]in that politics ever since. 0:00:56.590,0:01:01.909 He is here with Christopher Talib,[br]Campaign Manager for LaQuadratureDeNet, 0:01:01.909,0:01:05.430 the French NGO fighting[br]for civil rights. Welcome! 0:01:05.430,0:01:08.580 Together they say: Make[br]the Internet neutral again! 0:01:08.580,0:01:10.450 Please give them[br]a warm applause! 0:01:10.450,0:01:16.910 applause 0:01:16.910,0:01:21.280 Thomas Lohninger: Thanks, everyone![br]Is the microphone working? Yeah, great. 0:01:21.280,0:01:25.280 So, first I have to say[br]something for that title, 0:01:25.280,0:01:30.720 if the slides could come up?… 0:01:30.720,0:01:34.200 Okay, we don’t have slides so far.[br]Christopher Talib: Yes we do! 0:01:34.200,0:01:37.930 Lohninger: So. “Make the internet neutral[br]again”. When we decided to have this title 0:01:37.930,0:01:43.590 for our talk this was of course[br]before Donald Trump became elected. 0:01:43.590,0:01:47.960 Most of our talk will be about how to[br]enforce net neutrality, how to really 0:01:47.960,0:01:52.470 keep the internet free and open. But[br]of course we also have to talk about 0:01:52.470,0:02:00.719 what will happen in the US. We both worked[br]on the savetheinternet.eu campaign. 0:02:00.719,0:02:05.869 This common effort of various NGOs[br]around Europe started three years ago 0:02:05.869,0:02:09.979 when the Commission proposed a very[br]disastrous law on net neutrality 0:02:09.979,0:02:16.320 that would basically abandon the[br]principle. And we followed this law 0:02:16.320,0:02:20.030 throughout the legislative process on[br]all stages, and then even through, 0:02:20.030,0:02:25.040 with the regulatory implementation.[br]And this… 0:02:25.040,0:02:31.550 you can all see on savetheinternet.eu[br]there’s now an archive page. Because… 0:02:31.550,0:02:35.750 let’s talk a little bit more about this[br]campaign. What is unique here is 0:02:35.750,0:02:40.500 that we really open-sourced every line of[br]code that we wrote for this campaign. 0:02:40.500,0:02:44.930 Including the tools that we used[br]for contacting your representatives, 0:02:44.930,0:02:49.900 the Members of the European Parliament[br]as well as the regulatory agencies. 0:02:49.900,0:02:54.730 And here you see the traffic graph because[br]we also have visitor statistics from Piwik 0:02:54.730,0:02:58.170 throughout these three years. And there[br]you can see that we had huge success 0:02:58.170,0:03:03.380 from various players around Europe.[br]From the Netherlands, from… a huge 0:03:03.380,0:03:08.480 shoutout to the Reddit community, they[br]were awesome! And also change.org, 0:03:08.480,0:03:12.400 netzpolitik.org, and Alexander[br]Lehmann helped us a lot. 0:03:12.400,0:03:18.080 As well as Firefox which ran a snippet[br]for savetheinternet in the last parts 0:03:18.080,0:03:23.610 of the campaign. And in the final stages[br]of this fight for net neutrality in Europe 0:03:23.610,0:03:27.370 we really brought the protests to the[br]streets. There were demonstrations 0:03:27.370,0:03:33.290 in Barcelona, Riga, Bonn, Brussels[br]and Vienna. And this was really 0:03:33.290,0:03:38.790 a group effort. At the end this coalition[br]grew more and more, and we had 23 NGOs 0:03:38.790,0:03:44.840 from 14 countries that joined us[br]in this. And, ultimatively, we 0:03:44.840,0:03:50.100 achieved almost half a million submissions[br]to BEREC, the “Body of European Regulators 0:03:50.100,0:03:55.210 for Electronic Communications”. And this[br]is really a historic number. Because 0:03:55.210,0:04:00.030 all previous consultations of the regulators[br]in Europe had a maximum of around 0:04:00.030,0:04:06.400 100 comments. So, no, in all that process[br]they had so much public interest 0:04:06.400,0:04:11.950 and engagement. And this really changed[br]the landscape within the regulators 0:04:11.950,0:04:16.570 because suddenly they were observed by the[br]public, and before that they were basically 0:04:16.570,0:04:22.259 hiding behind some processes, and[br]not really having to engage with 0:04:22.259,0:04:26.630 their own constituency. If you look at[br]the submissions by country you can see 0:04:26.630,0:04:30.190 that Germany has the largest share.[br]This is of course because the debate 0:04:30.190,0:04:33.379 here in Germany is a little bit[br]more nuanced and widespread 0:04:33.379,0:04:38.580 than in other countries. But still we also[br]had the UK and France, and Spain and Italy 0:04:38.580,0:04:43.319 that contributed a lot through this[br]campaign. But I also, being an Austrian, 0:04:43.319,0:04:47.960 want to point out that a few small[br]countries disproportionately contributed 0:04:47.960,0:04:53.710 with submissions. Austria, Sweden, Denmark[br]and Belgium really kicked ass, and that’s 0:04:53.710,0:04:58.719 probably because they had very good NGOs[br]that, although most of them only run 0:04:58.719,0:05:04.050 with volunteers could really mobilize in[br]their local language to get the word out, 0:05:04.050,0:05:10.520 and get people engaged for net neutrality.[br]So. We now have this law. 0:05:10.520,0:05:13.649 And we also have the regulatory[br]implementation. So what does it 0:05:13.649,0:05:17.639 actually say? What type of net neutrality[br]do we have now in Europe 0:05:17.639,0:05:22.360 for half a Billion people?[br]It is no longer possible to just 0:05:22.360,0:05:26.529 block or censor content based on[br]commercial reasons. So you can 0:05:26.529,0:05:31.960 no longer prohibit users the use of[br]VOIP, or messaging, or file sharing 0:05:31.960,0:05:36.880 in the Terms of Services. There can still[br]be blocking for legal reasons. If you have 0:05:36.880,0:05:42.490 a law, if you have a Court order. But an[br]ISP can not arbitrarily start blocking 0:05:42.490,0:05:47.419 parts of the internet. This is clearly[br]prohibited. We have a new right. 0:05:47.419,0:05:51.780 We have a ‘device freedom’ now. That means[br]that you can connect any type of device 0:05:51.780,0:05:57.129 to your internet connection. And your ISP[br]can no longer charge you e.g. for using 0:05:57.129,0:06:02.490 your phones internet on your laptop,[br]tethering. That’s really cleared (?) and 0:06:02.490,0:06:07.279 absolutely clear. Also on “specialized[br]services”, I’m particularly happy 0:06:07.279,0:06:12.599 that we reached this result because this[br]was maybe 60% of the whole debate 0:06:12.599,0:06:17.969 in the European Parliament and throughout[br]the legislative process: what should we do 0:06:17.969,0:06:21.680 with “specialized services”? And[br]originally, they were intended to be 0:06:21.680,0:06:25.840 the loophole for net neutrality, to[br]circumvent the whole net neutrality 0:06:25.840,0:06:30.550 by just making some service[br]a specialized service. But now we really 0:06:30.550,0:06:36.129 limited this danger to something that is[br]handleable, and now a specialized service 0:06:36.129,0:06:41.389 can only be something which could[br]technically not work over the open internet. 0:06:41.389,0:06:46.689 And you can see this clear here, I mean,[br]that’s a picture from the video 0:06:46.689,0:06:51.590 that Facebook shows you when you have[br]your birthday. And I found this so telling, 0:06:51.590,0:06:56.220 because this power plug with a Facebook[br]sign is exactly what a specialized service 0:06:56.220,0:07:01.169 in the bad reading would be. It is[br]no longer a universal connection 0:07:01.169,0:07:05.469 that allows you to use every device[br]with this network. Instead, it’s just 0:07:05.469,0:07:11.460 for one service. And if we go down that[br]road we lose the universal character 0:07:11.460,0:07:16.180 of the internet which allows us to do[br]everything with it. Every invention, 0:07:16.180,0:07:21.009 every idea on equal footing.[br]With this model it is one Facebook plug, 0:07:21.009,0:07:25.809 one Google plug and so forth. Another[br]important issue that is still ongoing, 0:07:25.809,0:07:30.830 and not as clear as the previous ones is[br]Zero-Rating. Zero-Rating is the practice 0:07:30.830,0:07:36.080 of exempting certain services from[br]your data cap. So you have your 2 GB 0:07:36.080,0:07:41.939 but Whatsapp does not count towards[br]those 2 GB. The new rules say 0:07:41.939,0:07:46.009 this has to be handled on a case-by-case[br]basis. So it’s quite dubious to see 0:07:46.009,0:07:49.770 how this will play out. We have a few[br]rulings now, from Austria, Sweden 0:07:49.770,0:07:54.470 and one from Hungary.[br]But this is really an ongoing process. 0:07:54.470,0:07:59.110 What is clear is that you can not technically[br]discriminate stuff with Zero-Rating. 0:07:59.110,0:08:04.111 So you cannot, say, after you used up[br]your data cap and the rest of the internet 0:08:04.111,0:08:09.240 is blocked, you can still use the zero-rated[br]application. This is clearly prohibited. 0:08:09.240,0:08:13.270 But about the Zero-Rating itself[br]– it’s an ongoing process. 0:08:13.270,0:08:18.320 Traffic Management – the last issue –[br]is the day-by-day operations of a network. 0:08:18.320,0:08:22.809 So what do you do when you have a[br]congestion, when there is too much traffic 0:08:22.809,0:08:27.559 and the pipe is not big enough, how do you[br]handle these? And we have a principle 0:08:27.559,0:08:32.349 that says Traffic Management has to be[br]application-agnostic, so everything 0:08:32.349,0:08:36.680 has to be treated the same,[br]but you can have exceptions, 0:08:36.680,0:08:43.280 for class-based traffic management, based[br]on Quality-of-Service characteristics. 0:08:43.280,0:08:47.790 But the burden of proof here lies with[br]the ISPs. If the ISP wants to manage 0:08:47.790,0:08:51.920 their traffic they have to really have[br]a justification why this is necessary 0:08:51.920,0:08:57.330 and in line with the new law. And[br]we will closely monitor how ISPs 0:08:57.330,0:09:01.420 make this transparent and how NRAs[br]will handle this. We’re not really happy 0:09:01.420,0:09:04.750 about the result on this one,[br]but it’s still a workable text. 0:09:04.750,0:09:06.680 And now I’m gonna[br]hand over to my colleague. 0:09:06.680,0:09:10.560 Christopher: Thank you Thomas.[br]You hear me well? Okay. 0:09:10.560,0:09:15.870 Basically, RespectMyNet is[br]a grassroot tool we use for campaigning 0:09:15.870,0:09:23.300 for net neutrality. It was built to try[br]to see what kind of infraction 0:09:23.300,0:09:27.230 and violation you could see on net[br]neutrality. It’s an old tool, it has already 0:09:27.230,0:09:32.990 a few years. We rebooted it[br]for the last campaign for the BEREC 0:09:32.990,0:09:37.910 that Thomas told you about. And, basically,[br]what it does… what we will use it now 0:09:37.910,0:09:43.440 is to try to see how ISPs and operators[br]are going to implement net neutrality 0:09:43.440,0:09:48.770 regulation in Europe. So, you know[br]what we have it’s a law, we have, 0:09:48.770,0:09:54.460 as Thomas could say, different concepts[br]that allows good things and also 0:09:54.460,0:09:59.380 bad things. However, the question is that,[br]to know how those things are going to be 0:09:59.380,0:10:04.800 implemented. So what it is now: We’d[br]like to crowdsource the search 0:10:04.800,0:10:10.310 for net neutrality violation.[br]Basically, this tool allows you to input 0:10:10.310,0:10:17.900 and to see if there are net neutrality[br]violations, or in your country, 0:10:17.900,0:10:23.040 or by your operator. 0:10:23.040,0:10:29.401 It could have crowdsourced documents[br]of all types of net neutrality violation 0:10:29.401,0:10:34.610 in Europe. And also it could be… we have[br]a “Me, too!” button that allows you to say 0:10:34.610,0:10:38.290 if you experienced this as well. And[br]so you don’t feel alone in front of your 0:10:38.290,0:10:42.840 internet connection, having problems[br]and wondering if this is your connection, 0:10:42.840,0:10:47.880 or if this is a contract-based or general[br]complication from the operator. 0:10:47.880,0:10:53.870 You could see that if other[br]people already have it. 0:10:53.870,0:10:59.090 But crowdsourcing most of the net[br]neutrality violations is not enough. 0:10:59.090,0:11:03.290 What we’ll do if all those violations,[br]when you just say: “Ah, they’re doing 0:11:03.290,0:11:08.410 bad stuff, well.” As you say in[br]French: “That makes a good leg.” 0:11:08.410,0:11:14.510 But yeah, that joke, that cannot[br]be translated, really. laughs 0:11:14.510,0:11:20.750 Basically, we will be using that to fix[br]those violations. And to arouse people 0:11:20.750,0:11:27.100 to actually see… that’s… pinpointing[br]and to notice all types of violations 0:11:27.100,0:11:32.910 that allows you to fix them. When[br]the BEREC will review the regulation 0:11:32.910,0:11:37.870 on net neutrality, and he will do that,[br]periodically. We can go and arrive 0:11:37.870,0:11:43.920 with huge documents, saying, there are[br]problems here.. here.. here and there. 0:11:43.920,0:11:49.750 So, I’m already skipping in front, of my[br]clicking ‘Next Slide’. And it’s a huge 0:11:49.750,0:11:54.680 documentation, and in our activist world[br]of internet where everything is very, 0:11:54.680,0:12:01.070 very quick, and we are very quick on[br]new information, it's hugely important 0:12:01.070,0:12:04.290 to have good documentation and to[br]remember what happened before, and 0:12:04.290,0:12:09.630 so it does not happen again. Especially on[br]net neutrality, as this campaign has been 0:12:09.630,0:12:15.180 ongoing for several years now.[br]The second thing that’s interesting 0:12:15.180,0:12:22.060 for that type of tools is to allow telecom[br]regulators to be accountable. So e.g. 0:12:22.060,0:12:26.560 French National Regulation Agency really[br]likes this tool because they can see 0:12:26.560,0:12:34.030 what private companies are doing more or[br]less behind their back. To give an example: 0:12:34.030,0:12:39.420 Belgium Telecom operators, e.g. Belgacom[br]or Proximus waited for the publication 0:12:39.420,0:12:44.260 of the net neutrality regulation. And when[br]they saw that Zero-Rating was more-or-less 0:12:44.260,0:12:49.910 accepted but only will be blocked[br]on a case-by-case decision 0:12:49.910,0:12:56.000 they published and they issued a lot of new[br]contracts on subscription with Zero-Rating. 0:12:56.000,0:13:03.230 So e.g. you have that one also in Germany,[br]if I recall well, that you can use 0:13:03.230,0:13:09.120 your data caps on your mobile device[br]until a certain amount. But when you 0:13:09.120,0:13:14.451 reach that amount everything is down-speed[br]except Whatsapp. And that’s seen 0:13:14.451,0:13:17.450 as a net neutrality violation. And[br]that’s a really good example of 0:13:17.450,0:13:22.880 what Zero-Rating is. And that actually[br]should be illegal. And that’s why we have 0:13:22.880,0:13:28.640 RespectMyNet. It’s fairly easy to use and[br]very low cost of time because when you see 0:13:28.640,0:13:32.050 what issues you have on your computer[br]and you can check it out if you have 0:13:32.050,0:13:37.370 a violation. Usually you can see that[br]already in your contract. And that’s why 0:13:37.370,0:13:44.030 we created a fairly easy form. 0:13:44.030,0:13:48.340 As you could understand this is a very[br]complicated issue and that involves 0:13:48.340,0:13:53.300 a lot of different elements, especially[br]when there are elements from law, 0:13:53.300,0:13:58.110 there are elements from telecom regulation…[br]But we try to make it as simple as possible. 0:13:58.110,0:14:02.770 And so you can see the different points[br]on country, type of operator, the contract 0:14:02.770,0:14:09.850 you have, is it a fixed or mobile line you[br]have, and also the type of discrimination 0:14:09.850,0:14:14.990 you can see. Here you have just Zero-Rating[br]because that would be the biggest type 0:14:14.990,0:14:19.180 of discrimination we will experience in[br]the next years. However, you still have 0:14:19.180,0:14:25.090 throttling, class-based,[br]contract-based etc. 0:14:25.090,0:14:32.970 When you input that kind of[br]discrimination on RespectMyNet.eu, 0:14:32.970,0:14:37.850 behind the scene on the backstage we have[br]a team that will review cases, and to see 0:14:37.850,0:14:44.850 if there is enough information to use that[br]as a good case. E.g. if you just tell us: 0:14:44.850,0:14:50.470 “My internet is slow”, that is not enough.[br]That’s why we try to make enough questions, 0:14:50.470,0:14:58.570 enough place for you to describe, to give[br]as much information as you could 0:14:58.570,0:15:04.610 to develop that. And that have to return[br]on the web page. And after that 0:15:04.610,0:15:09.570 we gathered all that information which is[br]no personal identification information, 0:15:09.570,0:15:15.370 that were just identification on the type[br]of cases. RespectMyNet.eu is a tool that 0:15:15.370,0:15:22.520 has been ongoing development because[br]we’re trying to use it for something 0:15:22.520,0:15:30.190 that it has not been programmed for. And[br]now we’re using it (?) to be fixed. E.g. 0:15:30.190,0:15:36.790 to have a fixed type of sign flag, 0:15:36.790,0:15:44.540 let’s say, on that it is searching[br]a violation. We are going to develop 0:15:44.540,0:15:49.130 linguistic admin groups because e.g.[br]I don’t speak German, and when you have 0:15:49.130,0:15:53.750 an input from a German speaking[br]it’s difficult to understand what it is. 0:15:53.750,0:15:59.490 Especially when it’s linked to the contract.[br]And we’re trying to develop visualization 0:15:59.490,0:16:04.320 of cases, so if you are a graphic designer[br]or data visualizator, Affissionador (?) you’re 0:16:04.320,0:16:10.270 welcome to help us. Basically,[br]RespectMyNet, as everything most of us do 0:16:10.270,0:16:15.580 it’s free like in Free Speech and[br]like in free beer. It’s easy to use, 0:16:15.580,0:16:21.870 it’s crowd-sourced database. So if you[br]like databases come play with us 0:16:21.870,0:16:26.210 and really get involved with that because[br]there is a tremendous amount of work 0:16:26.210,0:16:32.380 on a subject that does not involve[br]terrorism which lately very scares. 0:16:32.380,0:16:37.080 We have everything of the information on[br]our Git lab. You have the address here 0:16:37.080,0:16:41.700 at git.laquadrature.net. You’ll have,[br]anyway, that on the front page 0:16:41.700,0:16:48.140 and you have information on our wiki,[br]it’s wiki.laquadrature.net. Now, we’ll 0:16:48.140,0:16:52.460 speak now on the future thing,[br]and I’ll let… this thing.. to Thomas. 0:16:52.460,0:17:00.160 Thomas: Thank you Chris. So, how can we[br]use this tool? How can we use RespectMyNet 0:17:00.160,0:17:05.039 because we now enter a stage[br]on net neutrality as well as with 0:17:05.039,0:17:11.480 the new general data protection regulation[br]in Europe where we have quite good laws 0:17:11.480,0:17:15.619 but now we have to deliver them to the[br]people. Because it’s now of much value 0:17:15.619,0:17:21.559 if you have privacy in principle but your[br]data actually is in the hands of someone else. 0:17:21.559,0:17:26.659 And the same with net neutrality:[br]it doesn’t matter if you are not allowed 0:17:26.659,0:17:31.240 to block services when, in fact, your[br]internet is restricted by your ISP. 0:17:31.240,0:17:36.230 And what we will do, particularly as[br]epicenter.works is our organization 0:17:36.230,0:17:42.720 we have the high priority to really work[br]on delivering net neutrality to the people. 0:17:42.720,0:17:47.580 There is this concept of strategic litigation[br]which is well in place in the U.S. 0:17:47.580,0:17:52.389 The American Civil Liberties Union (ACLU)[br]as well as the Electronic Frontier Foundation 0:17:52.389,0:17:58.120 pick their cases really litigate for[br]fundamental rights in a strategic way. 0:17:58.120,0:18:03.549 And we want to apply these concepts now to[br]net neutrality. And we’ve already done that 0:18:03.549,0:18:10.940 in one case. We looked at the violation of[br]an Austrian mobile operator, 3/Hutchinson 0:18:10.940,0:18:16.519 and dated exactly this type of Zero-Rating[br]that I explained earlier as clearly prohibited 0:18:16.519,0:18:20.889 where you have this one graph [curve],[br]which is the violet one, which is 0:18:20.889,0:18:27.259 the public broadcaster in Austria,[br]and when you reach the data cap, 0:18:27.259,0:18:33.299 the 2130 seconds, it goes down to[br]a flat line. But free mobile TV service, 0:18:33.299,0:18:37.790 their in-house television service,[br]continues to run without interference. 0:18:37.790,0:18:41.499 So that’s a classical technical[br]discrimination between applications 0:18:41.499,0:18:46.630 which is clearly prohibited. We submitted[br]a case, it was successful, they cancelled 0:18:46.630,0:18:52.070 this type of violation for all new[br]contracts and they changed the landscape 0:18:52.070,0:18:56.330 of all their contracts. Because they could[br]no longer give their own services 0:18:56.330,0:19:03.100 a competitive advantage, they[br]quadrupled up to 17 times the amount 0:19:03.100,0:19:07.980 of volume that you can buy with this operator.[br]And this is not a singular phenomenon. 0:19:07.980,0:19:12.929 We have similar cases in the Netherlands[br]as well as with Slovenia. Once an ISP 0:19:12.929,0:19:17.289 is no longer allowed to give preferential[br]treatment to their own service 0:19:17.289,0:19:22.299 they start giving more volume to all[br]their subscribers which is, of course, 0:19:22.299,0:19:28.540 a really good thing. But, as I said,[br]Zero-Rating is one of the biggest problems 0:19:28.540,0:19:34.929 that we have and if you want to put it in[br]numbers: ca. 40% of all internet providers 0:19:34.929,0:19:39.470 in Europe currently zero-rate at least[br]one application. So this is really 0:19:39.470,0:19:44.279 an endemic problem that you can find[br]in almost every network and country, 0:19:44.279,0:19:48.679 and so we really have to do something[br]about it. Because there are drastic scenarios 0:19:48.679,0:19:53.419 that are in front of us. Mark Suckerberg[br]announced two times already that he wants 0:19:53.419,0:19:59.679 to bring his walled garden, called ‘Free[br]Basic’, previously ‘internet.org’, 0:19:59.679,0:20:05.059 also to Europe. He recently also announced[br]that he wants to bring Free Basic 0:20:05.059,0:20:13.129 to the U.S. and in the U.S. we[br]have quite a hard time ahead. 0:20:13.129,0:20:16.679 Donald Trump is not really a fan of net[br]neutrality, from the few comments that 0:20:16.679,0:20:20.649 we could analyze so far. And if you look[br]at the three people that he appointed 0:20:20.649,0:20:26.201 to his Transition Team for the regulator,[br]the FCC in the U.S., there is 0:20:26.201,0:20:31.270 a quite horrible outlook. Jeffrey Eisenach[br]as well as Mark Jamison and Roslyn Layton 0:20:31.270,0:20:37.309 are hardcore telecom lobbyists. And you[br]can really get a picture of what’s coming 0:20:37.309,0:20:42.389 in the U.S. if you look at the paper[br]“Beyond net neutrality” from Mark Jamison 0:20:42.389,0:20:48.100 and Roslyn Layton from June of this year.[br]What they propose here is to basically 0:20:48.100,0:20:53.650 replace all net neutrality rules with[br]a multi stakeholder concept. 0:20:53.650,0:20:57.980 But they have a very unique interpretation[br]of what ‘multi stakeholder’ means. 0:20:57.980,0:21:02.499 They only limit this multi stakeholder[br]group to the 20 biggest industry players. 0:21:02.499,0:21:07.809 They explicitly say: “No civil society, no[br]consumer protection, no scientists”. 0:21:07.809,0:21:12.690 So it’s basically the industry making their[br]own rules. They also propose new barriers 0:21:12.690,0:21:17.249 for every type of ex-ante regulation[br]of the FCC. So that’s basically 0:21:17.249,0:21:21.519 putting net neutrality in the bin[br]in the U.S. which would also risk 0:21:21.519,0:21:25.929 their competitive advantage that the U.S.[br]has right now as the power house 0:21:25.929,0:21:30.409 of all startup innovation. If this really[br]comes through then only the startups 0:21:30.409,0:21:35.779 that partner up with existing monopolies[br]have a chance to compete. 0:21:35.779,0:21:42.309 In Europe we also have a quite[br]worrying proposal. Part of the legacy 0:21:42.309,0:21:49.169 of Guenther Oettinger. He proposed in[br]September of this year a new regulation 0:21:49.169,0:21:54.260 for BEREC. Who here knows what BEREC is?[br]Hands up! 0:21:54.260,0:21:59.090 Oh! Actually quite a few, that’s good.[br]BEREC is the umbrella above the European 0:21:59.090,0:22:03.919 regulators for the internet. And it’s an[br]agency that has done quite a good job 0:22:03.919,0:22:09.320 on various occasions. They are voice of[br]reason, they have quite a good model 0:22:09.320,0:22:15.070 to really incorporate different views and[br]what the Commission is proposing 0:22:15.070,0:22:22.209 with this new law is basically replacing[br]this agency, making it into an independent 0:22:22.209,0:22:28.320 legal personality, and having that complete[br]control on all levels from the Commission. 0:22:28.320,0:22:35.269 So in this law you can find the Commission[br]writing itself into this independent agency 0:22:35.269,0:22:38.920 on many, many occasions. And[br]the most obscure outcome of this is 0:22:38.920,0:22:43.219 the Executive Director as well as the[br]quite powerful Board of Appeals 0:22:43.219,0:22:48.039 they will be chosen by regulators, but only[br]from a list precompiled by the European 0:22:48.039,0:22:55.119 Commission. And that’s quite[br]a communistic tradition of democracy. 0:22:55.119,0:22:58.770 And we have to follow this dossier[br]closely. It is now entering 0:22:58.770,0:23:04.179 the legislative process in the EU and if[br]this would go through as it was proposed 0:23:04.179,0:23:09.480 this would basically mean that the agencies[br]in task of enforcing net neutrality 0:23:09.480,0:23:13.909 are under complete power grab of the[br]European Commission which has proven, 0:23:13.909,0:23:18.179 times and times again, that it is[br]mostly interested in industry policy 0:23:18.179,0:23:23.370 but not really in the citizen’s interest. 0:23:23.370,0:23:27.169 For all of that we need you to put[br]the violations that you come across 0:23:27.169,0:23:32.390 in your daily internet experience into[br]RespectMyNet.eu as well as write to 0:23:32.390,0:23:37.210 team@epicenter.works because we[br]are also very interested in learning 0:23:37.210,0:23:41.009 about the violations that are out there.[br]And about really finding partners 0:23:41.009,0:23:46.710 in various countries before we can submit[br]cases to the regulators in that country 0:23:46.710,0:23:52.070 and really keep the internet free[br]and open. You can put it like that: 0:23:52.070,0:23:55.389 with this new net neutrality law we[br]now have a tool box to really keep 0:23:55.389,0:24:00.379 the internet open. And with RespectMyNet[br]we have a crowd-sourced todo list 0:24:00.379,0:24:05.809 of all the violations that we have to get[br]rid of. Thanks for your attention! 0:24:05.809,0:24:11.529 And as a last word: we were previously THIS[br]organization, now we are THIS organization, 0:24:11.529,0:24:14.360 we changed our name. Thanks! 0:24:14.360,0:24:26.590 applause 0:24:26.590,0:24:32.009 Herald: I think we have time for a few[br]more questions. So please step up 0:24:32.009,0:24:42.270 to the microphones if you have[br]one and I’ll call your number. 0:24:42.270,0:24:46.240 Nobody so far, is there[br]a question from the internet? 0:24:46.240,0:24:51.100 Also not. So you answered all open[br]questions exhaustively. That is great. 0:24:51.100,0:24:52.830 Christopher: No, there’s a question there…[br]Herald: There is a question? 0:24:52.830,0:24:55.490 Oh, up there! Well then, number 5.[br]Please, go ahead! 0:24:55.490,0:25:02.970 Question: Hi, my question as an IT guy is: 0:25:02.970,0:25:11.759 do you think about automating the[br]process to file these complaints? 0:25:11.759,0:25:18.280 So, I’m thinking about people who run[br]out [of] their quota per month and, 0:25:18.280,0:25:26.340 say, can easily start an app which checks[br]about 50 different services to see 0:25:26.340,0:25:30.029 which service is performing good,[br]and which not, and automatically 0:25:30.029,0:25:35.619 do a complaint on your side?[br]Something like that? 0:25:35.619,0:25:39.160 Christopher: If I understand well your question[br]that if we are planning to automate 0:25:39.160,0:25:44.640 the system of inputting subscriptions…[br]input in[to] RespectMyNet? 0:25:44.640,0:25:45.840 Question: Yeah! 0:25:45.840,0:25:51.909 Christopher: The thing is that that would only[br]cover a certain type of violation. 0:25:51.909,0:25:58.100 It won’t e.g. – don’t think in what[br]I understood – it won’t be able to cover 0:25:58.100,0:26:03.049 e.g. contract-based violations. 0:26:03.049,0:26:05.940 But that could be an idea, why not. 0:26:05.940,0:26:09.580 Thomas: Maybe, if you go to RespectMyNet.eu[br]you’ll find a list of the measurement tools 0:26:09.580,0:26:14.739 that are out there right now. The software[br]that you can use on your own computer 0:26:14.739,0:26:20.350 to test if your internet connection is[br]open and neutral. But most of the software 0:26:20.350,0:26:27.320 is abandonware. Sadly, it has not been[br]updated in quite a few years. And then 0:26:27.320,0:26:33.159 we need more developers to actively engage[br]in those software tools. And I hope now 0:26:33.159,0:26:38.429 that more people will do that because[br]the threat in the U.S. is quite real and 0:26:38.429,0:26:44.679 we need better software. Automated testing[br]happens as part of some Bittorrent clients 0:26:44.679,0:26:50.759 e.g. which upload their data to[br]Measurementlab. And there are 0:26:50.759,0:26:56.289 some programs like that but[br]none really on a wide scale. 0:26:56.289,0:27:00.299 Herald: Okay. So, the next one is the[br]person on microphone no. 3, please. 0:27:00.299,0:27:07.509 Question: Yes, I have a question regarding[br]the regulation to reform BEREC. 0:27:07.509,0:27:12.909 Are you planning to fight this regulation,[br]and if so, and if not, are there 0:27:12.909,0:27:17.140 any ways to fight it for the rest of us? 0:27:17.140,0:27:23.299 Thomas: Thanks for being eager! Yes,[br]we are now… this is just the beginning 0:27:23.299,0:27:30.590 of this dossier. So it has been[br]proposed September 14, 2016. 0:27:30.590,0:27:34.789 And now the Parliament and the Council[br]are just slowly starting to work on it and 0:27:34.789,0:27:40.259 it’s part of a much bigger package of[br]legislation called the Telecom Code. 0:27:40.259,0:27:46.139 And we are in ongoing conversations[br]with the legislators and the various 0:27:46.139,0:27:51.809 political parties to see what is the best[br]strategy. And if we think that there is 0:27:51.809,0:27:56.149 a reason to really have a campaign then[br]we will have one. But right now it is 0:27:56.149,0:27:59.240 too early to say.[br]Question: Thanks! 0:27:59.240,0:28:04.059 Herald: Okay, thank you very much! And[br]the next person on microphone no.3! 0:28:04.059,0:28:08.769 Question: Thank you very much for[br]an excellent talk. For Savetheinternet 0:28:08.769,0:28:16.250 there was a lot of national NGOs active.[br]And with this proposed power grab of BEREC 0:28:16.250,0:28:22.350 how can we at a national level help[br]support the telcom.. tel-regulators nationally 0:28:22.350,0:28:25.669 to save the net neutrality? 0:28:25.669,0:28:30.749 Thomas: The best thing to do right now[br]would be to speak with your telecom 0:28:30.749,0:28:37.230 infrastructure ministry, whoever is[br]responsible of this in the European Council 0:28:37.230,0:28:41.949 because they are the ones that are now[br]forming their opinion. And I know from 0:28:41.949,0:28:46.100 quite a few countries where this is really[br]an open situation, so they are welcoming 0:28:46.100,0:28:50.610 input from citizens. And they, of course,[br]speak with the Members of the European 0:28:50.610,0:28:55.519 Parliament from your country. They are[br]the ones ultimatively voting on this. 0:28:55.519,0:28:59.600 I’m not aware if we already have[br]a Rapporteur on that but there will be one 0:28:59.600,0:29:01.600 soon, and…[br]Christopher: On the Telecom package? 0:29:01.600,0:29:03.600 Thomas: Yeah![br]Christopher: Del Castillo. 0:29:03.600,0:29:08.179 Thomas: Del… Oh my god. laughs[br]The worst Rapporteur that we could 0:29:08.179,0:29:12.940 possibly have. It’s the same that[br]we had for the net neutrality law. 0:29:12.940,0:29:18.540 But speak with your local ministry and[br]your Members of the European Parliament. 0:29:18.540,0:29:25.330 That’s the right answer for that. And[br]I hope that also a few countries and 0:29:25.330,0:29:30.840 as well as the regulators will see this[br]power grab as what it is. Because the 0:29:30.840,0:29:36.959 Commission is not really in the position[br]to insert itself on all levels of government. 0:29:36.959,0:29:40.129 That’s just the wrong approach. 0:29:40.129,0:29:44.459 Herald: Okay, there’s time for one last[br]question. Please, a short one! No.4. 0:29:44.459,0:29:47.070 Question: Thank you very much for the[br]talk. I was wondering, do you think 0:29:47.070,0:29:53.080 it’s possible to actually convince telecom[br]companies to be on our side, so to say, 0:29:53.080,0:29:58.629 and to get rid of all of those Zero-Rating[br]things, and convince them that 0:29:58.629,0:30:03.120 net neutrality can be a good argument for[br]customers. Or do you think the only way 0:30:03.120,0:30:06.329 is through litigations[br]and going to courts? 0:30:06.329,0:30:11.009 Christopher: I think, both.[br]The problem with telecom operators is 0:30:11.009,0:30:16.750 that you go against their business model.[br]Zero-Rating can increase their sales, 0:30:16.750,0:30:20.980 they’re increasing their quinta (?) percentage etc.[br]and net neutrality can not, or at least 0:30:20.980,0:30:26.419 not in the way they see it. There is[br]two things: on one hand you have 0:30:26.419,0:30:31.679 customer protection, on the other hand you[br]have private profits. So I think we’ll be 0:30:31.679,0:30:37.859 very welcoming any type of arguments, of[br]advocacy that could link both, and saying 0:30:37.859,0:30:41.639 that we’re making a better world, but[br]also we’re contributing to capitalism. 0:30:41.639,0:30:45.870 So, that’s a tricky one. But,[br]you know, we can discuss it. 0:30:45.870,0:30:48.029 Thomas: But it’s doable. I mean there[br]are a few ISPs that are fierce (?) 0:30:48.029,0:30:51.929 pro-net neutrality advocates. Because[br]they’ve realized that net neutrality 0:30:51.929,0:30:56.309 is good for their business model. Because[br]this open platform creates the demand 0:30:56.309,0:31:01.049 for the only product they really have,[br]which is internet access. 0:31:01.049,0:31:05.309 About… it is really a question of their[br]understanding of their own business model. 0:31:05.309,0:31:11.080 And for the most part, they would[br]either cannibalize the revenues 0:31:11.080,0:31:17.559 of other companies that run on their[br]network, instead of just being mere pipe. 0:31:17.559,0:31:20.339 But please try to convince them.[br]We do as well. 0:31:20.339,0:31:22.759 Question: I will.[br]Christopher: If you want to discuss more, 0:31:22.759,0:31:26.771 we’ll be around the tea house of[br]LaQuadrature upstairs, so 0:31:26.771,0:31:28.519 you’re welcome there. 0:31:28.519,0:31:30.880 Herald: Thank you very much,[br]Christopher and Thomas. 0:31:30.880,0:31:36.290 applause 0:31:36.290,0:31:39.479 postroll music 0:31:39.479,0:31:59.896 subtitles created by c3subtitles.de[br]in the year 2017. Join, and help us!