I see a lot of the network neutrality discussion as one surrounding the conditions under which applications can, and cannot, be prevented from running. On one hand there are advocates who maintain that telecommunications providers – ISPs such as Bell, Comcast, and Virgin – shouldn’t be responsible for ‘picking winners and losers’ on the basis that consumers should make these choices. On the other hand, advocates for managed (read: functioning) networks insist that network operators have a duty and responsibility to fairly provision their networks in a way that doesn’t see one small group negatively impact the experiences of the larger consumer population. Deep Packet Inspection (DPI) has become a hot-button technology in light of the neutrality debates, given its potential to let ISPs determine what applications function ‘properly’ and which see their data rates delayed for purposes of network management. What is often missing in the network neutrality discussions is a comparison between the uses of DPI across jurisdictions and how these uses might impact ISPs’ abilities to prioritize or deprioritize particular forms of data traffic.
As part of an early bit of thinking on this, I want to direct our attention to Canada, the United States, and the United Kingdom to start framing how these jurisdictions are approaching the use of DPI. In the process, I will make the claim that Canada’s recent CRTC ruling on the use of the technology appears to be more and more progressive in light of recent decisions in the US and the likelihood of the UK’s Digital Economy Bill (DEB) becoming law. Up front I should note that while I think that Canada can be read as ‘progressive’ on the network neutrality front, this shouldn’t suggest that either the CRTC or parliament have done enough: further clarity into the practices of ISPs, additional insight into the technologies they use, and an ongoing discussion of traffic management systems are needed in Canada. Canadian communications increasingly pass through IP networks and as a result our communications infrastructure should be seen as important as defence, education, and health care, each of which are tied to their own critical infrastructures but connected to one another and enabled through digital communications systems. Digital infrastructures draw together the fibres connecting the Canadian people, Canadian business, and Canadian security, and we need to elevate the discussions about this infrastructure to make it a prominent part of the national agenda.