New Delhi: 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 issu", he added.
Nitty-gritty of Net neutrality
* The expression "network neutrality" was coined by American academic Tim Wu in his paper Network Neutrality, Broadband Discrimination that came out in 2003 and he then popularised the concept.
* What does net neutrality stand for? Net neutrality means that governments and internet service providers should treat all data on the internet equally - therefore, not charging users, content, platform, site, application or mode of communication differentially.
* Who benefits from net neutrality? The end customers.
* How the debate began in India? Telecom service provider Bharti Airtel, towards the end of 2014, decided to charge subscribers extra for use of applications like Skype and Viber (these are also known as over-the-top services), which created a lot of uproar and the telco finally stayed its decision.
* In February 2015, Reliance Communications, a part of the Anil Ambani-led group, was roped in by Facebook to offer free access to data and websites to customers through the social networking site's Internet.org global digital inclusion initiative.
* In April 2015, Bharti Airtel launched Airtel Zero, an open marketing platform that will allow customers to access mobile applications at zero data charges.
* Communications and IT Minister Ravi Shankar Prasad said on Monday that a panel examining the issue will submit its report by the second week of May to help the government take a comprehensive decision on the contentious issue.
* In March 2015, telecom regulator Telecom Regulatory Authority of India released a paper inviting comments from users and companies on how over-the-top services should be regulated in the country, seeking stakeholders' suggestions by April 24, 2015, and counter-arguments by May 8, 2015.
* E-commerce giant Flipkart on April 14, 2015, walked away from Airtel Zero as it is committed to "the larger cause of net neutrality".
* Bharti Airtel clarified its position saying there is a misconception about its Airtel Zero service. It is not a tariff proposition but an open-marketing platform that allows any application or content provider to offer its service on a toll-free basis to customers who are on the Airtel network.
* Batting for net neutrality, Facebook chief Mark Zuckerberg said on April 15, 2015, that Internet.org can co-exist with the stand. On April 17, 2015, he defended his position and said some people have criticised the concept of zero-rating that allows Internet.org to deliver free basic internet services, adding that offering some services for free goes against the spirit of net neutrality. "I strongly disagree with this."
* On April 15, 2015, The Times Group said it is committed to withdraw from Internet.org and appealed to fellow publishers to follow suit and support net neutrality.
(Aparajita Gupta can be reached at aparajita.g@ians.in)
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