Telecom Regulatory Policy CRTC 2009-657: Review of the Internet traffic management practices of Internet service providers

This policy follows from a complaint that accused Bell Canada of inappropriately using DPI equipment to slow some wholesale ISP customers’ data traffic. In the complaint, Bell asserted that DPI should be permitted because exclusively investing in network volume capacity was an untenable long-term solution for network management problems. The CRTC agreed, though ordered that Bell’s wholesalers should not experience more stringent packet delays than Bell applied to their own retail customers. The regulatory body also noted that it would launch a larger proceeding concerning Internet Traffic Management Practices used by Canadian ISPs. The result of that larger proceeding is Regulatory Policy CRTC 2009-657.

Policy 2009-657 identifies how national carriers can utilize DPI for traffic management. They must publicly document why, when, and what type of traffic is being managed, who is affected, and how the practice(s) affect subscribers’ Internet experience. Changes to practices must be announced 30 days before the change occurs for either retail or wholesale customers. While DPI can collect personal information about ISPs’ subscribers, this order prevents ISPs from using the information for anything other than traffic management, thus limiting (or at least delaying) function creep. Finally, DPI cannot be used to block particular content, and data traffic cannot be delayed, without prior CRTC approval, to an extent that it would influence the content or meaning of the transmission. This policy is widely referenced by civil advocates and foreign regulatory bodies, all of whom are regularly incorporating the CRTC’s decision their own analyses of how DPI should(n’t) be regulated.

Bibliographic information:

Canadian Radio-television and Telecommunications Commission. (2009). Telecom Regulatory Policy CRTC 2009-657: Review of the Internet traffic management practices of Internet service providers. October 21, 2009. Retrieved August 19, 2010 from http://www.crtc.gc.ca/eng/archive/2009/2009-657.htm

If you’re interested in downloading Christopher Parsons’ full annotated bibliography about deep packet inspection, click here.

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About Christopher Parsons

Christopher is a PhD candidate in the Department of Political Science at the University of Victoria. He is currently attending to a particular set of technologies that facilitate digitally mediated surveillance, including Deep Packet Inspection (DPI), behavioral advertising, and mobile devices. He thinks through how these technologies influence citizens in their decision to openly express themselves or engage in self-censoring behavior on a regular basis. He blogs at Technology, Thoughts, and Trinkets and is @caparsons on Twitter.
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