16
Net Neutrality The debate in the US and in the EU Balázs BARTÓKI-GÖN CZY
| Date post: | 28-Dec-2015 |
| Category: |
Documents |
| Upload: | penelope-sullivan |
| View: | 219 times |
| Download: | 5 times |
Net Neutrality
The debate in the US and in the EU
BalázsBARTÓKI-GÖN CZY
Forms of discrimination
1) Negative discrimination
2) Positive discrimination
a) Prioritization for money (fast lanes)b) Positive price discrimination (zero rating)
Negative discrimination
source: nerdreactor.com source: tribune.com.pk
Positive discrimination: FAST LANES
Positive discrimination: ZERO RATING
source: concurrentmedia.com
Telecommunications service
Service consisting of the transmission of the information chosen by the user between the end-points specified by the user without altering the information transmitted.
Information service
Service that enable theProcessing of the informationusing a telecommunicationservice.
USA: Ensnared by an issue of powers
Telecommunications service
Service consisting of the transmission of the information chosen by the user between the end-points specified by the user without altering the information transmitted.
Information service
Service that enable theProcessing of the informationusing a telecommunicationservice.
Common carriage obligations
USA: Deregulation by FCC
Internet access service as telecommunication service
1998: FCC’s Advanced Service Order 2000, Ninth Circuit Court of Appeals: Cable modem internet
access is telecommunication service
Internet access as information service
2002: Cable Broadband Order 2003: Court of Appeals for the Ninth Circuit of the District of
Columbia 2005: Deregulation of all fixed Internet access service 2007: Deregulation of all mobil Internet access service
2010 2014
New Open Internet Order (2015)
The new Open Internet Order restores the FCC’s legal authority reclassifying broadband Internet access as a telecommunications service.
No Blocking and throttling: broadband
providers may not block, impair or degrade lawful Internet traffic on the basis of content, applications, services, or non-harmful devices.
No Paid Prioritization: broadband providers may not favour some lawful Internet traffic over other lawful traffic in exchange for consideration of any kind—in other words, no “fast lanes.” This rule also bans ISPs from prioritizing content and services of their affiliates.
Introduction of the principle in 2009
Framework Directive (Art. 8.)
„The national regulatory authorities shall promote the interests of the citizens of the European Union by promoting the ability of end-users to access and distribute information or run applications and services of their choice”
Regulated „Wait-and-see” approach
Interdiction of blocking
Allows prioritisation for money
Ambigious on zero-rating
New Regulation is foreseen
The BEREC and the European Commission are investigating the effects of OTT services
The aim is to create level playing filed
Regulation of OTT services in the future?
