The role of network operators is made impossible

Recently, there have been several high-profile cases in the Nordic region, where copyright representatives have forced operators, through various courts, to cut off a customer's connection, in the latest case under threat of a fine. "This is completely unacceptable. We operators run an infrastructure. Providing a means of transportation between two points is the core of the business. These services enable industry, the service sector, the state, municipalities and county councils - in other words, the whole of Sweden! - to function.

We operators run an infrastructure. Providing a transportation option between two points is the core of the business. These services enable industry, the service sector, the state, municipalities and county councils - in other words, the whole of Sweden! - to function.

We are all becoming increasingly dependent on the internet at an ever-increasing rate. To an extent that far exceeds the dependence we had 30 years ago on the telephones of the telephone company, and ten years ago on mobile phones and pagers.

The biggest difference is that with the internet we can reach everyone at the same time. Not five people on a conference call, not a thousand people on an email list, but everyone. At the same time. The benefits of this are undeniable and are visible everywhere in society. And soon "gadgets", sensors and control instruments will also be connected, to the benefit of the environment and Sweden's competitiveness.

These increased communication possibilities make the issue of the role of operators increasingly important. Therefore, it needs to be debated now, before new laws and regulations make our role impossible.

Here it is important to point out that it is the user of a transport system who is responsible for ensuring compliance with all applicable rules. This is a self-evident and generally accepted legal principle. Why should it not apply online? If you drive a car, you must wear a seat belt and have your car inspected. If you send a package containing dangerous goods, it must be labeled. Everyone is responsible for their own actions. In addition to personal responsibility, the government has control systems. Customs inspect mail, the police carry out speed and sobriety checks, and the judiciary decides on secret telecommunications surveillance or interception.

Operators are not a public authority and do not have any public authority-like responsibilities. Enforcement of laws and regulations in the electronic world is the responsibility of law enforcement authorities. Forcing operators to take legal responsibility for what traffic is allowed would have incalculable effects.

The liability requirement for operators is further complicated by the fact that customers who rent transport capacity often resell it. The customer becomes a reseller of the operator's transportation services. If an operator shuts down a customer in this situation, tens of thousands of end customers may be affected. Any such intervention can have devastating consequences for both companies and society at large, and the effects are completely unpredictable.

Most unfortunate is that some want to force us to audit our customers. If the trend continues, we will be forced to ensure that every customer meets stringent ethical, moral and business requirements, leading to a bureaucracy. Let's be clear here and now - it is completely unreasonable for operators to take responsibility for vetting customers before we sign contracts.

All this has exclusively negative effects. Freedom of expression and information are undermined, costs for operators increase, resulting in higher broadband fees and less resources for us to build out Internet Sweden.

Imagine the Post Office having to take responsibility for ensuring that its customers do not send "harmful" material, or café owners having to take responsibility for their customers' calls, or the Road Administration having to take responsibility for what motorists do on the roads and closing roads where criminals might be likely to go.

"Fighting crime should be done from a broad and close citizen perspective. Civil law must be simple, clear and predictable. People should feel that the justice system is close to them and exists for them, that laws and rules are reasonable and relevant, and that the justice system functions effectively and with legal certainty."

So writes Minister for Justice Beatrice Ask in her declaration of office on the Government Offices' website.

That reality is increasingly not true of the internet. Especially if current political and regulatory trends are allowed to continue.

Demand responsibility where responsibility is due. Do not shoot the messenger.

Anne-Marie Fransson, Director, IT&Telecom companies within Almega
Erik Heilborn, CEO, TDC Sweden
Georgi Ganev, CEO, Bredbandsbolaget
Jon Karlung, CEO, Bahnhof
Mikael Ek, CEO, Swedish City Network Association
Niclas Palmstierna, CEO, Tele2 Sweden
Ola Norberg, CEO, AllTele
Roger Söderberg, CEO, BT Nordics
Stefan Trampus, Head of Broadband Services Sweden, TeliaSonera
Tomas Franzén, CEO, Com Hem