un uccellino mi ha depositato in casella quanto sotto. (sottolineature e grassetti miei)
Article 23 – Freedom to provide and avail of open internet access, and reasonable traffic management
1. End-users shall be free to access and distribute information and content, run applications and use services of their choice via their internet access service. End-users shall be free to enter into agreements on data volumes and speeds with providers of internet access services and, in accordance with any such agreements relative to data volumes, to avail of any offers by providers of internet content, applications and services.
2. End-users shall also be free to agree with either providers of electronic communications to the public or with providers of information society services on the provision of specialised services with an enhanced quality of service. In order to enable the provision of specialised services to end-users providers of content, applications and services and providers of electronic communications to the public shall be free to enter into agreements with each other to transmit the related data volumes or traffic as specialised services with a defined quality of service or dedicated capacity so long as the provision of such specialised services does not substantially impair the quality of internet access services.
3. This Article is without prejudice to Union or national legislation related to the lawfulness of the information, content, application or services transmitted.
4. The exercise of the freedoms provided for in paragraphs 1 and 2 shall be facilitated by the provision of complete information in accordance with Article 25(1), Article 26 (2), and Article 27 (1) and (2).
5. Within the limits of any contractually agreed data volumes or speeds for internet access services, providers of internet access services shall not restrict the freedoms provided for in paragraph 1 by blocking, slowing down, degrading or discriminating against specific content, applications or services, or specific classes thereof, except in cases where it necessary to apply reasonable traffic management measures.
Reasonable traffic management measures shall be transparent, non-discriminatory, proportionate and necessary to:
a) implement a legislative provision or a court order, or prevent or impede serious crimes;
b) preserve the integrity and security of the network, services provided via this network, and the end-users' terminals;
c) prevent the transmission of unsolicited communications to end-users who have given their prior consent to such restrictive measures;
d) minimise the effects of temporary or exceptional network congestion provided that equivalent types of traffic are treated equally.
Reasonable traffic management shall only entail processing of data that is necessary and proportionate to achieve the purposes set out in this paragraph.
Article 19 – Assured service quality (ASQ) connectivity product
1. Any operator shall have the right to provide a European ASQ connectivity product as specified in paragraph 4.
2. Any operator shall meet any reasonable request to provide a European ASQ connectivity product as specified in paragraph 4 submitted in writing by an authorised provider of electronic communications services. Any refusal to provide a European ASQ product shall be based on objective criteria. The operator shall state the reasons for any refusal within one month from the written request.
It shall be deemed to be an objective ground of refusal that the party requesting the supply of a European ASQ connectivity product is unable or unwilling to make available, whether within the Union or in third countries, a European ASQ connectivity product to the requested party on reasonable terms, if the latter so requests.
3. Where the request is refused or agreement on specific terms and conditions, including price, has not been reached within two months from the written request, either party is entitled to refer the issue to the relevant national regulatory authority pursuant to Article 20 of Directive 2002/21/EC. In such a case, Article 3(6) of this Regulation may apply.
4. The provision of a connectivity product shall be considered as the provision of a European ASQ connectivity product if it is supplied in accordance with the minimum parameters listed in Annex II and cumulatively meets the following substantive requirements:
(a) ability to be offered as a high quality product anywhere in the Union;
(b) enabling service providers to meet the needs of their end-users;
(c) cost-effectiveness, taking into account existing solutions that may be provided on the same networks;
(d) operational effectiveness, in particular in respect of limiting to the extent possible implementation obstacles and deployment costs for customers; and
(e) ensuring that the rules on protection of privacy, personal data, security and integrity of networks and transparency in accordance with Union law are respected.
5. The Commission shall be empowered to adopt delegated acts in accordance with Article 32 in order to adapt Annex II in light of market and technological developments, so as to continue to meet the substantive requirements listed in paragraph 4.
lascio giudicare a voi.
qualche grassetto e sottolineatura è "palesemente travisare" ciò che fu detto oppure è ciò che è scritto a palesemente travisare ciò che fu detto ?
p.s. la sfiga di internet è chiamarsi "best effort" vs. "Quality of Service" (anche se secondo l'articolo 23.5.a dovrebbe chiamarsi "Quality of Surveillance")
dovrebbe chiamarsi "totale flessibilità applicativa" vs. "precedenze limitate prestabilite"