Bell’s traffic management policies are facing increased scrutiny post its decision to discriminate against peer to peer file sharing not only on its own Internet networks but also on the access connections that are provided to resellers. Canadian Internet users and ISPs in response requested an interim injunction against Bell to turn off its traffic throttling.
The latest update is that this request has been denied, noting that the complaint from CAIP did not prove that downstream providers are suffering irreparable harm. On the surface, this appears to be a victory of sorts for the carriers.
However, the downside is that a full review still needs to be completed, and Bell’s request to have the case dismissed was also denied. The CRTC noted that the threshold for a finding that there is a serious question to be tried is a low one. The issue is whether or not the application for final relief is frivolous or vexatious. Based on the record, the Commission is satisfied that CAIP has demonstrated that there is a serious issue to be determined regarding whether Bell Canada’s practice of throttling Internet traffic carried by CAIP’s members subscribing to the GAS tariff is in accordance with the requirements of the Act.”
In other words, the news is mixed for carriers wanting to manage their Internet pipes using deep packet inspection (DPI) – a minor victory given the denial of an injunction on its throttling practice, but serious thorough reviews by the CRTC in Canada and the FCC in the U.S. loom on the horizon, an overhang to DPI vendors in particular which include Sandvine, Cisco, Allot, and Arbor.
