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Digital rights activist: EU's proposed net neutrality law 'as useful as an umbrella in a hurricane'

PC Advisor - The proposal will hamper rather than guarantee net neutrality, activists contend.

The European Union's proposed net neutrality law allows different price plans for different Internet speeds to the detriment of net neutrality, digital activists said Wednesday.

Without the proposed law, 96 percent of Europeans would be without any legal framework at all for net neutrality, said Digital Agenda Commissioner Neelie Kroes, who drew up the draft law presented Wednesday. Only the Netherlands and Slovenia have net neutrality laws.

 The text explicitly bans ISPs from blocking and throttling content and gives consumers the freedom to terminate contracts with ISPs that don't deliver the speeds subscribers pay for, Kroes said. Article 23 of the proposed law bans ISPs from "blocking, slowing down, degrading or discriminating against specific content, applications or services." Except in cases where it is necessary to apply reasonable traffic management measures in order to "implement a court order, prevent serious crimes, preserve the integrity and security of the network or minimize the effects of temporary or exceptional network congestion."

However, net neutrality advocates said that Article 23 leaves the door open for a two-tiered Internet by allowing ISPs to offer speeds at different rates through "specialized services with a defined quality of service or dedicated capacity."

The proposal stipulates that such services "shall not impair in a recurring or continuous manner the general quality of Internet access services," which Kroes said will guarantee an open Internet for everyone.

But not everyone is convinced.