A/HRC/35/22
similar applications (for example, zero rating certain music streaming services rather than
all music streaming). Additionally, States should require meaningful corporate disclosures
about network traffic management practices. For example, Chile requires ISPs to disclose
Internet access speeds, price or speed differentials between national and international
connections, and related service guarantees. 56
III. Digital access providers and freedom of expression
29.
While the duty of States to respect and protect freedom of expression is wellestablished, the private actors that establish, operate and maintain digital access also play a
critical role.
A.
Telecommunications and Internet service providers
30.
Telecommunications providers (Telcos) and ISPs (collectively referred to in the
present report as “providers”) offer a diverse range of services. While they principally
operate and sell access to the series of networks that comprise the Internet, they also enable
users to communicate and share information through mobile services and traditional
landlines (see A/HRC/32/38, para. 16). While providers remain State-owned in many
regions, a growing number are now privately established and managed. The industry is also
increasingly multinational: some of the world’s biggest providers operate networks in
multiple countries and regions, often through partnerships with domestic companies or their
own subsidiaries.
31.
As gatekeepers of vast information networks, providers face significant government
pressure to comply with censorship and surveillance activities. To operate a network in a
country, they are required to invest substantial physical and business infrastructure,
including network equipment and personnel. They are typically subject to local law and
other licensing requirements set out in agreements with the State. In addition to legal
pressure, providers have also faced extralegal intimidation, such as threats to the safety of
their employees and infrastructure in the event of non-compliance.57
32.
While several providers attempt to resist censorship and surveillance requests, many
assist in government efforts without meaningful challenge. In the United States, one of the
country’s largest providers is alleged to have created a “super search engine” to facilitate
law enforcement access to customer phone calls, even though not legally required to do
so. 58 In the United Kingdom, a complaint filed with the Organization for Economic
Cooperation and Development alleged that major providers granted the country’s
intelligence agency access to their networks and customer data well beyond what was
required by the law at the time.59
33.
A growing number of providers are establishing arrangements with media and other
content-producing companies that threaten net neutrality and are lobbying intensely for
concessions on net neutrality standards. For example, as European regulators were
developing net neutrality guidelines, 17 major providers in the region issued the “5G
Manifesto”, warning that “excessively prescriptive” guidelines would delay their
investment in 5G, the next generation of mobile Internet connection. 60
56
57
58
59
60
10
Chile, Ley No. 20.453, art. 24 H (D).
Telecommunications Industry Dialogue submission, p. 10.
Dave Maass and Aaron Mackey, “Law enforcement’s secret ‘super search engine’ amasses trillions of
phone records for decades”, Electronic Frontier Foundation (29 November 2016).
Privacy International, “OECD complaint against BT, Verizon Enterprise, Vodafone Cable, Viatel,
Level 3, and Interoute”.
Article 19 submission, p. 9.
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