NEWS: NTC's proposed data caps violate consumer rights

[ghosthunter]

http://www.gmanews.tv/story/209385/n...ts-lawyer-says

[SIZE="4"]NTC's proposed data caps violate consumer rights, lawyer says[/SIZE]
TJ DIMACALI, GMANews.TV
12/29/2010 | 08:42 PM


International rights lawyer Romel Bagares warned that the National Telecommunications Commission's (NTC's) proposal to allow data volume caps goes against consumers' basic right to information.

In the latest version of its draft Memorandum Order (MO) on Minimum Speed of Broadband Connections, the NTC included a clause that, if approved, would allow telcos to place restrictions on how much information can be accessed by individual users on any given day.

NTC Common Carriers Authorization Department Director Edgardo Cabarios told GMANews.TV that local telcos are considering a daily per user limit of 5GB.

"There were apprehensions raised [by telcos] over abusive users. This [data cap] is meant to discourage unfair use, to give everyone a chance. The idea is to protect the majority of consumers," Cabarios said.

He explained that "abusive users" — including software and movie pirates — account for one to two percent of Filipino broadband consumers. Unfortunately, according to Cabarios, such heavy users prevent the rest of the public from fully utilizing broadband connections.

Hindering people's right to information

However, Bagares, executive director of the Philippine Center for International Law, warned that data volume caps directly hinder people's basic right to information.

"Whistleblower sites such as WikiLeaks process large amounts of information. Also, especially in the Philippines, you have many public schools that use the Internet heavily for educational purposes. Putting in caps would prevent people from sharing as well as receiving information," he explained.


An affront to consumers

Bagares also said that the clause is an affront to consumers' interests.

"This is against consumers' interests, because you have people suffering from 'bill shock' as well as denying their right to information," he told GMANews.TV.

"Bill shock" is a term in the telecommunications industry that refers to the surprise a consumer experiences upon receiving a higher-than-expected bill.

"It's normal human behavior not to carefully look at one's bill. In any case, convergent technologies now allow people to surf the net through their mobile phones, making it more difficult to monitor one's personal consumption," Bagares explained.

Bagares also questioned why caps should be implemented on account of so few abusive users.

"Konti lang ang pirates! (There are so few pirates!) You're punishing the majority [of the public] for the actions of a very few tech-savvy individuals," he said.

NTC: 'It's just a draft'

The NTC was quick to clarify that the draft MO is still open for revision and that the agency welcomes public opinion on the matter.

"We want to make it clear that this is only a draft. It's still very much a work in progress," said Dodie Santos of the NTC's Public Information Office.

Santos handed GMANews.TV the latest copy of the draft MO as of December 2010.

"WHEREAS, it has been observed that few subscribers/users connect to the internet for unreasonably long period [sic] of time depriving other users from connecting to the internet; NOW, THEREFORE... Service providers may set the maximum volume of data allowed per subscriber/user per day," it said.

http://www.gmanews.tv/story/209385/n...ts-lawyer-says

[shadow]

kalokohan yan, inumpisahan kasi ng wi tribe eh...hehehe

[Monseratto]

Nooo...mabibitin yung pag-download ng *******s.

"Konti lang ang pirates! (There are so few pirates!) You're punishing the majority [of the public] for the actions of a very few tech-savvy individuals," he said.

LOL!

[mazingerZ]

e yung Globe naglilimit ng 1 gb for supersurf customers nila in a day - and they have the gall to call it unlimited surfing daw.

[CVT]

WTF!

If violates my "constitutional right" to information....

11.7K:samurai:

[Reepicheep]

Sa BayanDSL 100gb daw limit per month.

http://www.bayan.com.ph/forum/yaf_po...dth-Usage.aspx

[A121]

And our internet speeds here are a joke. Maybe, they should just limit it to wireless broadband access.

[fourtheboys96]

http://www.gmanews.tv/story/209385/n...ts-lawyer-says

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anu ba naman itong mga tauhan ni Ngoyngoy. imbes na boljakin yung mga internet service providers eh consumers ang sinisisi.

tama yung ibang nag-comment sa news na ito. ang dapat gawin eh pwersahin na i-expand ang capabilities ng providershindi. mali yung lagyan ng cap ang usage.

kung nagbabayad naman ang mga consumers at hindi lumabag sa kontrata, walang mali dun. in fact, internet service providers usually ang hindi nasunod sa usapan e.g. internet speed

may fair use pa silang nalalaman eh lahat naman halos ngayon online maghapon magdamag di ba?

[dcph172]

p***** i** sila. sibukan nila ako mismo magoorganize ng pp4.

[creepy]

"Konti lang ang pirates! (There are so few pirates!) You're punishing the majority [of the public] for the actions of a very few tech-savvy individuals," he said.

This guy does not realize how illogical and silly this reasoning is. The cap will affect the very heavy users but not affect the vast majority of consumers.

I am a consumer but it is worth remembering that the provision of internet/broadband services is a business that (1) is sustainable as long as it makes money and (2) will face competition if it doesn't offer favorable terms to consumers that other operators can easily match.

If an operator caps the amount of data, then we can all switch to an operator who will not do so. If the one who does not cap data can still provide good service, then the first operator (who caps the amount of data) will lose customers.

That's how free markets/capitalism works.

There's no such thing as a free lunch. Consumers will have to choose between "unlimited" with poorer speeds or not-so-unlimited with better speeds.