I think such a filtered/broken by
design/limited Internet access is just not compliant with what is
called "an Internet access".
You should then complain about the unconformity of the delivered
service.
More than that, by acting on base of the bytes located
after
the IP header (the protocol layer and more precisely the TCP port
fields), EPT is accessing
your data and not the data they
must access to provide the service.
Indeed, to provide an IP service, the processing of the IP header
is sufficient. The remaining data is
yours and should fall
under the rules applicable to communications (letters, phone,
telex, ...). Without legal obligations/authorisation to do so,
they shouldn't be allowed to even look at it. They have right to
collect information useful to
protect their network
(security issues, such as checking if the IP packet is not
intentionally corrupted to harm some of their devices) or to
invoice
you (such as counting the amount of bytes transferred, the
timestamps of aDSL connections, ...)
At
Internet Society Luxembourg, we
already discussed about cases like this one, and we are in favour
of some
optional limitations, even activated by default,
as soon as they can be removed on simple request. As example, most
of the end-users are not running SMTP servers or relays at home,
so it could be acceptable that port 25 is blocked by default, as
long as it is opened on single request. This policy is followed by
some ISPs in Luxembourg.
Here, aside of the unconformity of the service and the violation
of your privacy, there is a third aspect: the forced sales of a
service, which is also illegal. Indeed, by blocking your
possibility to access a given service (here the e-mail service)
provided by third parties on the Internet, you are (more or less
for the time being) forced to opt for the EPT e-mail service. Even
if it is free for the moment, it could not last, especially if EPT
Internet access customers have no other choice any more. This
implies also that any EPT customer would be obliged to have their
e-mails stored at some point in time on EPT servers (privacy ?).
In some northern EU state, a telco (providing either genuine phone
service and Internet accesses) decided to
invoice the VoIP
calls made through their Internet access !
Some years ago, the historical belgian telco (Belgacom) blocked
suddenly access to the directory inquiries service in Luxembourg,
forcing their customer to call their own "International Directory
Service", at high rates.
Some other Internet access providers are looking for solutions to
reduce VoIP traffic quality, as example by introducing jitter in
such communications (1/3 of the international calls are already
carried by Skype alone).
This is against competition and progress, and is illegal. We
should struggle strongly on that.
This blocking of third parties e-mail services is also against the
free circulation of services, principle part of the EU treaties.
What I suggest is to discuss this with legal advisors, check
carefully the applicable legislation (legilux.lu), and organise an
Internet Society Luxembourg meeting around this to prepare our
official reactions.
Depending on the conclusions, we might contact other parties, such
as ULC (Union Luxembourgeoise des Consommateurs), CNPD (Commission
nationale pour la protection des données), ILR (Institut
Luxembourgeois de Régulation), ... and write a letter to the
ministers in charge of either the telecommunication sector and
economy (concurrence aspects). We could even contact some
specialised media to make noise around this.
I strongly suggest all interested Internet user which wish to act
on what the Internet is today and what it should be tomorrow to
also seriously envisage joining
Internet
Society Luxembourg...
What do you think about this proposal ?
Le 08.03.2013 09:52, Michel Kohl a écrit :