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10/27/2009

Why Canadian ISPs may be forced to throttle back your Internet traffic

Has your Internet connection been downloading things more slowly than you'd expect? There could be multiple reasons for that - a misconfigured access point, an inappropriate service plan - but it could also be that your internet service provider is putting the squeeze on your traffic. And here's the worrying part: depending on which ISP you use, it may have no choice.

The Canadian Radio-television and Telecommunications Commission recently published a framework governing the use of Internet traffic management practices (IMTPs), which are the steps that ISPs can take to control how your Internet traffic reaches you. Examples of this include restricting the speed of certain types of traffic, such as peer to peer (P2P) traffic.

Why is throttling such a contentious issue? It's because traffic has historically flowed like water across the internet. There have been - at least theoretically, in democratic countries - no restrictions on the type of traffic that has flowed across the networks that make up the broader Internet. This doesn't take into account countries like China, which make a habit of blocking certain content that isn't acceptable to the authorities there.

But some Canadian providers argue that because the level of traffic crossing over their networks has increased so much in the last few years, it has left those networks congested at key points. To cope with this, they could invest more in their networks to make them run more quickly. But even this investment isn't always enough, they argue; sometimes, they need to throttle back certain kinds of traffic, such as peer to peer filesharing traffic, that takes up a lot of bandwidth. Throttling it back stops it interfering with other types of traffic, it's argued.

To a certain extent, these carriers have a point. P2P traffic is just one type of internet traffic that has dramatically increased traffic volumes. Streaming video and internet telephony, using services like Skype, have also added to the load. Suddenly, they're finding themselves constrained. But does that mean that they should throttle back your traffic?

The CRTC has said that they should be allowed to take these measures, as a last resort, if they can prove that there are no other ways to effectively reduce congestion on the network. But at least they now have to tell you exactly what they're doing, 30 days in advance.

Presumably, if you don't like it, you can go somewhere else, right? Well, it may not be that simple. Bell has been doing this for a while, and the framework published by the CRTC is the result of a kerfuffle between that firm and the Canadian Association of Internet Providers (CAIP), which represents the smaller ISPs who buy wholesale Internet access from larger firms, and sell it on to their customers. CAIP argued that large ISPs like Bell shouldn't be allowed to apply these throttling techniques to secondary ISPs' traffic, because it stops the secondary ISPs from offering a competitive service. So, if your little mom-and-pop ISP buys services from the big boys, they may be forced to throttle your traffic by default. Suddenly, things don't look so great in terms of competition.

This is Not Cool. In any sector, when companies fail to plan properly for developing market conditions and penalise the customers as a result, customers are going to get a little irked - especially if they find other businesses forced to do the same because they all buy from the same top-tier firms.

With internet access, things become even more contentious. This is a foundational service, that supports a broad base of social, cultural, and economic development. The Internet is the channel along which innovation runs. Starting to throttle parts of it back because you say that your network can't cope is a dangerous road to go down. The US has been having a debate over the issue - known as net neutrality - for some years now.

The game isn't over yet. Now, the CRTC has launched a public process to examine the whole concept of traffic management. As with most government processes, that will be a long, slow grind, and we're not likely to see much in terms of results until the summer.

In the meantime, if you're given to downloading large files from BitTorrent, and you find your traffic moving a little more slowly than usual, you might now have a better idea why....

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Danny BradburyDanny Bradbury

Danny Bradbury is a technology journalist with 20 years' experience. He writes regularly for publications including the Guardian, the Financial Times, the Financial Post, and Backbone magazine. Danny also writes and directs documentaries.