New Delhi, April 19
Amid the raging debate
globally over net neutrality, which has evoked a strong reaction from
stakeholders in India, domain experts feel that an unshackled access to
the Internet world isn't feasible in India yet but attempts must
continue for egalitarianism.
"Building a net neutral network is
technologically not possible to implement. It's a utopian idea - no
basis in technology," said Ravi V.S. Prasad, a telecom consultant who
has designed several data-com and telecom networks in the past 30 years.
"No
telecom engineer will say that network neutrality is feasible. The
concept that each data is treated equally does not hold good. You can't
design data. The Internet inherently prioritises data on a scale of 0-7
points basis," Prasad told IANS.
Explaining further, he said a
network architecture gives highest priority to network management,
followed by online gaming, speech, videos and then still images, music
files, movie downloads and file transfers. These cannot be on the same
footing.
Network neutrality, or open inter-working, means in
accessing the World Wide Web, one is in full control over how to go
online, where to go and what to do, as long as these are lawful. So
firms that provide Internet services should treat all lawful Internet
content in a neutral manner.
It also required such companies not
to charge users, content, platform, site, application or mode of
communication differentially. These are also the founding principles of
the Internet and what has made it the largest and most diverse platform
for expression in recent history.
Giving a slightly different
perspective was Subimal Bhattacharjee, member of Research Advisory
Network under the Global Commission on Internet Governance - an
initiative of the Davos-based World Economic Forum launched last year to
articulate the future of internet governance.
"It is practically
impossible to build a net-neutral network, but it has to be attained -
or at least attempted. This is what will support innovation. Otherwise,
the Net will not remain open and free," Bhattacharjee told IANS.
"Also,
every telecom service provider is an intermediary under the Information
Technology Act, in any case. If an operator tries to give an advantage
to some players by taking a fee and improving their services, it is not
allowed under Section 79 of IT Act."
According to Antony Alex,
chief executive officer of online learning platform myLaw.net, the IT
Act already provides for exceptions where net neutrality could be
violated by internet service providers - pornography being one such
example.
"But violation of net neutrality for commercial benefit
of a few is a different issue altogether. The law as it stands now is
silent on net neutrality. That's why Internet service providers take
advantage and offer different plans, which go against net neutrality,"
he said.
Bhattacharjee said: "The question that lies ahead of us
now is whether service providers will be able to provide any special
service under the over-the-top (OTT) banner. The way the mood is, it
seems unlikely." Such services include apps like Viber and WhatsApp.
Similarly,
Abhilekh Verma, partner with the legal and corporate consultancy firm
Khaitan and Co., said the argument favouring neutrality of the internet
is an important one. "But one also has to note that in India, the
internet penetration leaves a lot to be desired."
In India, there
were some 95 million broadband connections as of end-February. There
was also a growing appetite among netizens in India to log on to social
networking sites - Facebook, for example, claims 118 million active
users in the country.
Another votary of net neutrality is
technology evangelist Sam Pitroda, who, at the instance of then prime
minister Rajiv Gandhi, was responsible for India's telecom revolution in
the late 1980s and early 1990s.
"Net neutrality in India is
fundamental to the future of democracy, development, demography and
disparity. It is not about business, economics, customer service or the
opinion of a few educated elites," Pitroda said.
He gave the
example of the US and said after a brief debate there, the
administration felt its importance. "However it required interventions
at the highest level to push net neutrality. Short term issues cannot be
allowed to create a fog and confusion in the minds of people."
The Netherlands, Mexico, Brazil, Chile and Ecuador have also adopted net neutrality.
As
the situation stands in India today, the telecom watchdog released a
paper inviting comments from all stakeholders on what are called the
over-the-top services. Responses have to be filed by April 24 and the
counter-arguments by May 8. The suggestions will subsequently follow.
Communications
and IT Minister Ravi Shankar Prasad, a lawyer by profession, said the
government intends to take a call on the matter after receiving the
watchdog's recommendations, as it intended to involve wider
consultations.
"A panel is also examining the issue. It will
submit its report by the second week of May. These will help the
government take a comprehensive decision on this issue."
(Aparajita Gupta can be reached at [email protected])
