Group of European ISPs says this approach could create systemic weakness in critical infrastructure

A group representing internet service providers across Europe has warned that a proposal to make Big Tech companies pay towards telecom operators’ running costs could create systemic weakness in critical infrastructure.

The dramatic claim is the latest foray in a long running propaganda war as European telecom operators seek what they say is a fair recompense for their investment in the networks that create wealth for a cartel of content providers. There is an argument that Big Tech expects free and fair access to facilities that it doesn’t extend within its own domains.

Sixteen top telecom operators including Vodafone, Deutsche Telekom and Orange have asked the European Union for new laws to make US tech firms like Alphabet’s Google, Meta’s Facebook and Netflix bear some of the cost of building Europe’s telecoms network, since they are the main benefactors.

Promised consultation

In September, European Commission’s industry chief Thierry Breton promised a consultation on fair share payments in early 2023, in order to frame suitable legislation. But now, reports Reuters, they are meeting resistance from within. The European Internet Exchange Association (Euro-IX) claims the proposals could compromise the quality of service for internet users across Europe.

In a further projection on behalf of big tech, they claim that asking Google and co to pay for services could “accidentally create new systemic weaknesses” in critical infrastructure. These claims have been compiled in a letter addressed to the European Commission’s industry chief Thierry Breton and the Executive Vice President Margrethe Vestager.

“The internet is a complex ecosystem, and it is policy-makers who are ultimately responsible for systemic effects resulting from policy choices,” wrote Bijal Sanghani, managing director of Euro-IX. Sanghani, adding that legislators should not prioritise “administrative rules [over] technical necessity or a high-quality internet” for those in Europe.

Critics of the proposed SPNP (Sending Party Network Pays) model have warned the so-called “traffic tax” could lead content-driven platforms like Facebook and other social media platforms to route their services via ISPs (internet service providers) outside of the EU.

Possible knock-on effects

This could have a knock-on effect for users in Europe, with platforms potentially compromising quality and security for the sake of avoiding fees, claimed Euro-IX. Alternatively, ISP’s could pay the fees, but pass the costs onto end-users. Opponents also argue the proposals undermine the bloc’s rules on net neutrality, under which ISPs cannot block or throttle traffic to prioritise some services over others.

In June, digital rights ‘activists’ warned that introducing SPNP rules “would undermine and conflict with core net neutrality protections” in the European Union. In other markets, such as South Korea, the champions of digital rights have turned out to be sponsored by Big Tech companies.

In a letter signed by 34 NGOs from 17 countries, critics said telecom companies were already compensated by their own customers, and accused them of pushing for charges on traffic usage because “they simply want to be paid twice for the same service”. The European Commission has offered no response so far.