The Dutch national regulator authority decided today that T-Mobile is allowed to continue to violate the net neutrality principle. Bits of Freedom will challenge decision.

Bits of Freedom will challenge decision of NRA

Without a doubt T-Mobile is infringing upon the principle of net neutrality with its Data-free Music service. That is why we asked the Dutch national regulatory authority ACM (Authority for Consumers and Market) a few months ago to test T-Mobiles subscription against the new European rules that protect net neutrality. Today the ACM ruledDutch NRA: "T-Mobile may continue with its offer": T-Mobile is said to be compliant with the law. Because we disagree, we will challenge this decision.

As long as you toe the line

The entire decisionHere's the full decision, in Dutch, as published by ACM is rather long and juridicalAnd here's a translation of the key paragraphs of the decision. The ACM states in its decision that T-Mobile does not discriminate against music services, “as long as they comply with the conditions that T-Mobile imposes”. Well, duh, that's exactly the problem! T-Mobile is imposing all kinds of conditions upon these music services and therefore decides which ones are entitled to preferential treatment. For example, if a music service doesn't want T-Mobile to use its logo, they're out of luck. If the music service isn't able or willing to structure its systems to the whims of T-Mobile, they're left out in the cold.

The ACM also thinks that your freedom or the freedom of the music service provider isn't being constrained. That's hardly surprising when you realize that the ACM seems to have no regard for the impact of services like T-Mobile's Data-free Music on the innovative nature of the internet. One of the powerful properties of the internet is precisely that every computer, and therefore every service and user, is as easy to reach as any other. A service like T-Mobile's flies in the face of that idea by giving some services preferential treatment.

The ACM (judging from the text of the decision) also hasn't taken into account what other operators will do if this is allowed and how that will impact the freedoms of internet users.

Even a guide can get lost

With this decision, the ACM undermines the innovative power of the internet for all of Europe. Because of the leading role that the Netherlands has played for years in the field of net neutrality, everybody in Europe is looking at enforcement in the Netherlands. In the rest of Europe, several supervisors are looking into similar subscriptions at other operators. But they haven't ruled yet, waiting for the ACM. That the ACM did not strictly enforce the principle of net neutrality is a missed opportunity. Because we value your freedom and because we think the Netherlands should lead by example, Bits of Freedom will challenge this decision.