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by a_thro_away
3586 days ago
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I don't think "of exceptional or temporary network congestion..." means "at will". Recital 15, attached to the article 3(3)c, goes to great length defining what exceptional means, that such traffic may be managed, temporarily, only if it was unpredictable, unavoidable, and short duration, or it damages network reactivity. It clearly states that such management is not a replacement for upgrading bandwidth, both mobile and fixed. And even then they cannot prejudice specific traffic, just an entire class of it, again, only temporarily. |
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The recitals are awesome! I wish USAmerica would use this type of exposition in their legalese.
Hm, this is all I found so far about the practice: https://web.archive.org/web/20130622043635/http://eur-lex.eu...