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Idec notifies course about possible data traffic discrimination Pokémon GO

08/15/2016

This article was translated by an automatic translation system, and was therefore not reviewed by people.

 

 

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Consumers reported that the company would be restricting access to the game due to the high bandwidth, violating the Civil Marco Internet

On Friday (12), Idec notified Claro operator to provide clarifications on its 4G network user complaints. Consumers reported problems playing Pokémon Go - Electronic augmented reality game created by Nintendo and Niantic Inc., launched in July 2016, which became globally popular.

There are suspicions that the course is performing Traffic Shaping - a practice in which a company that provides internet blocks or restricts access to certain websites or executables that consume a lot of bandwidth. The Civil Marco Internet does not allow operators, whether mobile or fixed providers, limit access, regardless of content or time.

For Idec, the allegations are serious and indicate potential for injury to the Consumer Protection Code (CDC), the Rights of the General Regulations of the Consumer Anatel Telecommunications Services and the Civil Marco Internet. 

The consumer has the right to adequate and clear information about the contracted services (Art. 6, Law 8.078 / 1990), including information on temporary limitation of certain services. The user Personal Mobile Service (SMP) also has the right of access and enjoyment of the services within the quality patterns and regularities defined by Anatel (art. 3, I, Anatel Resolution No. 614/2014). 

The notification Idec maintains that consumers of telecommunications services has the right of non-discriminatory treatment regarding the conditions of access and enjoyment of the service (art. 3, III, Anatel Resolution No. 614/2014). 

without discrimination 

Non-discrimination of Internet access conditions is also one of the structural pillars of the Civil Marco Internet, which has consumer protection as a basis (art. 2, V, Law 12,965 / 2014). It is to ensure the free use of the Internet without interference from the Internet connection provider (fixed or mobile) that created the Article 9 of this law, which provides for the fundamental rule of "net neutrality" in Brazil. 

"We ask that the course give clear explanations about the nature of the problem, indicating there was even no violation of the rights of the General Regulation of Telecommunications Services Consumer, the CDC and the Civil Internet Marco," explains Rafael Zanatta, lawyer and researcher Institute. The document also calls for Claro company does not make use of the illegal practice of data packet discrimination and Traffic Shaping, which would generate enormous damage to consumer rights. 

The notice also said that if there are new allegations and reports of malpractice, Idec trigger the National Telecommunications Agency (Anatel), the National Consumer Protection (Senacon) and the Federal Public Ministry (MPF) for measures applicable.

 

Source: Idec

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This article was translated by an automatic translation system, and was therefore not reviewed by people.

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