From 9c80af4da6d8ea4a4311e1610251a8edf47e0598 Mon Sep 17 00:00:00 2001 From: Ana Galan Date: Thu, 30 Nov 2023 21:44:05 +0100 Subject: [PATCH] adding news item on RF --- news/2023/news-20231201-01.en.xhtml | 177 ++++++++++++++++++++++++++++ 1 file changed, 177 insertions(+) create mode 100644 news/2023/news-20231201-01.en.xhtml diff --git a/news/2023/news-20231201-01.en.xhtml b/news/2023/news-20231201-01.en.xhtml new file mode 100644 index 0000000000..54d462c3a0 --- /dev/null +++ b/news/2023/news-20231201-01.en.xhtml @@ -0,0 +1,177 @@ + + +1 + + + Austria goes against Router Freedom + + + + +

Austria goes against Router Freedom

+ +

The Austrian Regulatory Authority for Broadcasting and +Telecommunications, RTR, has decided not to regulate the network +operators with regard to Router Freedom, allowing ISPs to impose their +equipment to consumers. For RTR, routers configured in “bridge mode” is +synonymous with terminal equipment freedom. The FSFE laments this +decision as a missed opportunity for Net Neutrality in the country. +

+ +
+ Illustration about the network termination point showing a modem, as a private network, and the connecting internet point, as a public communication network +
The Austrian regulator RTR has decided to not formally determine the position of the NTP. It means that end-users cannot freely use their modems for internet connection.
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+ +

In 2016, the Net Neutrality regulation established, for the first +time in Europe, freedom of terminal equipment for internet connection. +It means, in theory, consumers would be able to choose and use their +own routers and modems independently from those provided by the +internet service providers (ISPs). However, the practical realisation +of this right has followed not a linear process, but has been marked by +several difficulties, including the 2018 reform of EU telecom law, the +implementation of technical rules, and the resistance from national +regulators to interfere in the activities of operators. + +While several countries such as Germany, Finland, the Netherlands, and Belgium have +decided on the full regulatory protection of Router Freedom, other EU +members have followed other paths, preferring to exclude fiber +networks (as Greece and Italy) or deciding completely against freedom +of terminal equipment, as in Latvia, Denmark and now Austria.

+ +

Consumer protection falls short.

+ +

In November 2023, the Austrian telecom regulator RTR has published a +decision on the evaluation of Router Freedom and the position of the +network termination point (NTP), a demarcation of the limits of the +public and private networks. The regulator has concluded to not +regulate Router Freedom due to some alleged factors, including the +limited usage by end-users of private routers and the enhanced +operational costs for network operators. RTR has also claimed that the +mere fact that Austrian providers already offer for end-users the +possibility to connect their own router to the ISP’s modem in “bridge +mode” would signify freedom of terminal equipment. This , as we explain +below, is a contradiction in itself. Of particular concern is RTR’s +statement affirming that there is currently insufficient evidence of +significant restrictions on Router Freedom for a relevant proportion +of users (page 3).

+ +

A lost opportunity for Net Neutrality

+ +

RTR’s position fails +to capture the notion of Router Freedom as a fundamental aspect of Net +Neutrality, as it has a profound impact on how end-users access the +Internet. Router Freedom is the hardware component of Net Neutrality, +and its protection should be understood not only from the market +perspective, but should embrace its nature as an essential element of +the Open Internet.

+ +

Formally defining the position of the NTP at Point A would +officially include the modem and router under the end-user premises, +and the public network would initiate from the plug on the wall. That +would signify complete freedom of terminal equipment. RTR’s decision +instead only guarantees that end-users can connect their routers to +ISPs’ modems in “bridge mode”. Since operators can still impose their +modems inside end-users’ premises, it cannot be considered compliant +with Router Freedom.

+ +

Early on in 2021, when Austria was in the process of implementing +the reform of the telecom sector, the FSFE, together with +epicenter.works, has urged the Austrian government to safeguard Router +Freedom in the new adopted legislation. We have warned back then that +in case the decision on Router Freedom would be delegated to the +national regulatory agency (RTR) this could lead to solutions against +consumer rights and interests.

+ +

In 2022,we engaged with a wide range of stakeholders, including +representatives from industry and policy makers to demonstrate why +Router Freedom is important for market competition, device innovation, +and sustainability. We urged at the time RTR to seize the opportunity +to establish Router Freedom in Austria by defining the NTP in a +position favourable to consumer interests.

+ +

In May 2023, we sent to RTR our report on the Router Freedom survey, +demonstrating how Internet Service Providers (ISPs) still hamper +consumer freedom of choice, exercise lock-in over internet equipment +and promote proprietary devices, negatively affecting consumer welfare, +security, privacy and data protection. Although more than 13% of the +participants were Austrians, the regulator has not provided feedback on +this.

+ +
+ Graphic showing the participants of the survey answers regarding the importance of Router Freedom principles +
The vast majority of participants of our survey agreed that Router Freedom is important for freedom of choice, privacy, security and fair competition. More than a market or tech issue, Router Freedom is a policy demand. +
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+ +

Besides, while other member states regulators have conducted open +consultations and produced comprehensive reports and detailed studies +regarding Router Freedom, RTR has not provided any relevant data, nor +conducted consultation procedures where civil society stakeholders were +broadly involved. This lack of transparency negatively affects the +monitoring on Open Internet in the country.

+ +

The FSFE laments how RTR was not able to find a balance among +business, investments considerations, and consumer protection, +preferring to align themselves with telecom operators instead of taking +a step towards Net Neutrality and Open Internet.

+ +

Aiming at the future: there will be room for improvement

+ +

As affirmed by RTR, the present decision has not a definitive +character, and the regulator will re-evaluate this framework in the +future. No deadlines nor a time schedule were informed, though. +Although we regret the long period such regulatory decisions normally +take place, there will be still room for improvement, and we will +continue to closely monitor the situation in Austria.

+ +

Zooming out, as an example, in a study conducted on behalf of the +European Commission, Router Freedom was considered one of the +priorities for the proper implementation of Net Neutrality in Europe. +Regulators have to take uttermost account of this freedom when +designing their policies for the telecommunications sector. Besides, +emerging issues regarding devices, optical fiber networks and satellite +connections are still under intense debate on different levels at the +EU and member states. Aspects of sustainability of the telecom sector +are also been discussed. All those elements have been monitored by the +FSFE, and Router Freedom will be an important element for policy +making.

+ + +
+ Illustration with the reasons why Router Freedom needs Free Software +
Router Freedom enables the right to repair and promotes fair competition. Free Software in a router can greatly extend the device’s lifespan and increase energy management. These advantages can lead to major wins in future policy making.
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+ + +

The Router Freedom initiative

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Router Freedom is the right that customers of any Internet Service Provider (ISP) are able to +choose and use a private modem and router instead of equipment provided +by the operator. Since 2013, the Free Software Foundation Europe has +been successfully engaged with Router Freedom, promoting end-users’ +freedom in many European countries. Join us and learn more about the +several ways to get involved. Please consider becoming a FSFE donor; +you help make possible our long-term engagement and professional +commitment in defending people’s rights to control technology. +

+ + + + + + + Austria + Router Freedom + Device Neutrality + + + + +Illustration about the network termination point showing a modem, as a private network, and the connecting internet point, as a public communication network + + -- 2.30.2