Posted April 24, 2013
The Bundestag already has intervened (at least a first step) last year with the §41a TKG (not TKKG, but that would be ridicules. Also awesome) For your convenience:
TParis: I really hope that the Bundestag is going to intervene very soon but honestly, I'm not going to get my hopes up with the current coalition of conservatives and liberals.
§ 41a Net Neutrality
[i](1) The Federal Government is authorized to operate in an ordinance with the consent of the Bundestag and the Bundesrat to companies in the telecommunications networks to define the basic requirements of a discrimination-free data transmission and non-discriminatory access to content and applications to a random deterioration of services and a to prevent unjustified hindering or slowing down of traffic over networks, it takes into account the European standards and the objectives and principles of § 2
(2) 1The Federal Network Agency may specify details of the minimum requirements for the quality of service provided by a technical guideline. 2Bevor the minimum requirements are established, the reasons for action, represent the envisaged requirements and the proposed course of action collectively, this representation must be submitted on time to the Commission and BEREC. 3The comments or recommendations of the Commission is to take the utmost account when setting requirements.[/i]
This effectively turned the Term "net neutrality" from a fancy buzzword into an actual legal term.
The single big issue with all this is the discrimination between the Telekom services and other services. Which is not only a pretty obvious break of §41a TKG, but is also means a -very- serious break of privacy. Because to know which services are provided by the Telekom, they need to properly monitor all data traffic. Oh, and it is a pretty obvious break of the UWG (law against Unfair business practices), as Telekom is providing the same services as other companies that they affect with this limitation. Amongst those companies is a little firm called "Google" or something like that, which is creating a lot of traffic with youtube and their playstore media department. And they are eligible to sue on the basis of the UWG. Yeah, I wonder how this turnes out.
And now for the big kicker. Parts of the Telekom are still owned by the Federal State of Germany(about 32%). Which means the company itself is, if push comes to shove, directly bound by the constitution ("No retreat in private structures".) Which opens another legal angle against them.
So, I don't really know where they are heading with this. There must be some not yet visible goal to all this, because even the lawyers that take a job at the Telekom aren't that stupid. Because as it stands now, the Telekom has not only lost a massive amount of goodwill (something they really didn't have all that much to begin with), a lot of potential customers and made themselves open for a massive can of legal whoop-ass from literally all sides.
Therefore, for the time being, keep calm and download on.
Post edited April 24, 2013 by SimonG