Network Neutrality: A Research Guide

The conclusion in a research handbook should emphasise the complexity of the problem than trying to claim a one-size-fits-all solution. I have categorised net neutrality into positive and negative (content discrimination) net neutrality indicating the latter as potentially harmful. Blocking content without informing customers appropriately is wrong: if it says ‘Internet service’, it should offer an open Internet (alongside walled gardens if that is expressly advertised as such). The issue of uncontrolled Internet flows versus engineered solutions is central to the question of a ‘free’ versus regulated Internet. A consumer- and citizen-orientated intervention depends on passing regulations to prevent unregulated nontransparent controls exerted over traffic via DPI equipment, whether imposed by ISPs for financial advantage or by governments eager to use this new technology to filter, censor and enforce copyright against their citizens. Unraveling the previous ISP limited liability regime risks removing the efficiency of that approach in permitting the free flow of information for economic and social advantage. These conclusions support a light-touch regulatory regime involving reporting requirements and co-regulation with, as far as is possible, market-based solutions. Solutions may be international as well as local, and international coordination of best practice and knowledge will enable national regulators to keep up with the technology ‘arms race’

Judging traffic differentiation as network neutrality violation according to internet regulation

Network Neutrality (NN) is a principle that establishes that traffic generated by Internet applications should be treated equally and it should not be affected by arbitrary interfer- ence, degradation, or interruption. Despite this common sense, NN has multiple defi- nitions spread across the academic literature, which differ primarily on what constitutes the proper equality level to consider the network as neutral. NN definitions may also be included in regulations that control activities on the Internet. However, the regulations are set by regulators whose acts are valid within a geographical area, named jurisdic- tion. Thus, both the academia and regulations provide multiple and heterogeneous NN definitions. In this thesis, the regulations are used as guidelines to detect NN violations, which are, by this approach, the adoption of traffic management practices prohibited by regulators. Thereafter, the solutions can provide helpful information for users to support claims against illegal traffic management practices. However, state-of-the-art solutions adopt strict academic definitions (e.g., all traffic must be treated equally) or adopt the regulatory definitions from one jurisdiction, which is not realistic or does not consider that multiple jurisdictions may be traversed in an end-to-end network path, respectively An impact analysis showed that, under certain circumstances, from 39% to 48% of the detected Traffic Differentiations (TDs) are not NN violations when the regulations are considered, exposing that the regulatory aspect must not be ignored. In this thesis, a Reg- ulation Assessment step is proposed to be performed after the TD detection. This step shall consider all NN definitions that may be found in an end-to-end network path and point out NN violation when they are violated. A service is proposed to perform this step for TD detection solutions, given the unfeasibility of every solution implementing the re- quired functionalities. A Proof-of-Concept (PoC) prototype was developed based on the requirements identified along with the impact analysis, which was evaluated using infor- mation about TDs detected by a state-of-the-art solution. The verdicts were inconclusive (the TD is an NN violation or not) for a quarter of the scenarios due to lack of information about the traversed network paths and the occurrence zones (where in the network path, the TD is suspected of being deployed). However, the literature already has proposals of approaches to obtain such information. These results should encourage TD detection solution proponents to collect this data and submit them for the Regulation Assessment.Neutralidade da rede (NR) é um princípio que estabelece que o tráfego de aplicações e serviços seja tratado igualitariamente e não deve ser afetado por interferência, degradação, ou interrupção arbitrária. Apesar deste senso comum, NR tem múltiplas definições na literatura acadêmica, que diferem principalmente no que constitui o nível de igualdade adequado para considerar a rede como neutra. As definições de NR também podem ser incluídas nas regulações que controlam as atividades na Internet. No entanto, tais regu- lações são definidas por reguladores cujos atos são válidos apenas dentro de uma área geográfica denominada jurisdição. Assim, tanto a academia quanto a regulação forne- cem definições múltiplas e heterogêneas de NR. Nesta tese, a regulação é utilizada como guia para detecção de violação da NR, que nesta abordagem, é a adoção de práticas de gerenciamento de tráfego proibidas pelos reguladores. No entanto, as soluções adotam definições estritas da academia (por exemplo, todo o tráfego deve ser tratado igualmente) ou adotam as definições regulatórias de uma jurisdição, o que pode não ser realista ou pode não considerar que várias jurisdições podem ser atravessadas em um caminho de rede, respectivamente. Nesta tese, é proposta uma etapa de Avaliação da Regulação após a detecção da Diferenciação de Tráfego (DT), que deve considerar todas as definições de NR que podem ser encontradas em um caminho de rede e sinalizar violações da NR quando elas forem violadas. Uma análise de impacto mostrou que, em determinadas cir- cunstâncias, de 39% a 48% das DTs detectadas não são violações quando a regulação é considerada. É proposto um serviço para realizar a etapa de Avaliação de Regulação, visto que seria inviável que todas as soluções tivessem que implementar tal etapa. Um protótipo foi desenvolvido e avaliado usando informações sobre DTs detectadas por uma solução do estado-da-arte. Os veredictos foram inconclusivos (a DT é uma violação ou não) para 75% dos cenários devido à falta de informações sobre os caminhos de rede percorridos e sobre onde a DT é suspeita de ser implantada. No entanto, existem propostas para realizar a coleta dessas informações e espera-se que os proponentes de soluções de detecção de DT passem a coletá-las e submetê-las para o serviço de Avaliação de Regulação

Peacetime cyber responses and wartime cyber operations under international law: an analytical vade mecum

Tallinn Manual 2.0 on the International Law Applicable to Cyber Operations examines the application of extant international law principles and rules to cyber activities occurring during both peacetime and armed conflict. It was intended by the two International Groups of Experts that drafted it to be a useful tool for analysis of cyber operations. The manual comprises 154 Rules, together with commentary explaining the source and application of the Rules. However, as a compendium of rules and commentary, the manual merely sets forth the law. In this article, the director of the Tallinn Manual Project offers a roadmap for thinking through cyber operations from the perspective of international law. Two flowcharts are provided, one addressing state responses to peacetime cyber operations, the other analyzing cyber attacks that take place during armed conflicts. The text explains each step in the analytical process. Together, they serve as a vade mecum designed to guide government legal advisers and others through the analytical process that applies in these two situations, which tend to be the focus of great state concern. Readers are cautioned that the article represents but a skeleton of the requisite analysis and therefore should be used in conjunction with the more robust and granular examination of the subjects set forth in Tallinn Manual 2.0

Competition policy review

This is the first comprehensive review of Australia’s competition laws and policy in over 20 years. The National Competition Policy Review (The Hilmer Review) of 1993 underpinned the development of the National Competition Policy – a co-operative initiative of the Commonwealth and State and Territory governments that the Productivity Commission found contributed to a surge in productivity, directly reduced some prices and stimulated business innovation. The subsequent Review of the Competition Provisions of the Trade Practices Act (The Dawson Review) of 2003 examined the operation of the competition laws and resulted in some strengthening of the provisions. There has been considerable change in the Australian economy since the Hilmer Report of the early 1990s and the boost in productivity that underpinned the growth in living standards over the past two decades is waning. The Competition Policy Review will examine the broader competition framework to ensure that it continues to play a role as a significant driver of productivity improvements and to ensure that the current laws are operating as intended and are effective for all businesses, big and small.   MESSAGE FROM THE PANEL This is our Final Report reviewing Australia’s competition policy, laws and institutions. The Panel undertook a stocktake of the competition policy framework across the Australian economy. Although reforms introduced following the Hilmer Review led to significant improvements in economic growth and wellbeing, the Panel believes that renewed policy effort is required to support growth and wellbeing now and into the future. To this end, we have reviewed Australia’s competition policy, laws and institutions to assess their fitness for purpose. Taken together, our recommendations comprise an agenda of reinvigorated microeconomic reform that will require sustained effort from all jurisdictions. We believe this commitment is necessary if Australia is to boost productivity, secure fiscal sustainability and position our economy to meet the challenges and opportunities of a rapidly changing world. Given the forces for change already bearing on the Australian economy, delaying policy action will make reform more difficult and more sharply felt. An early response will make the reform effort more manageable over time, allowing Australians to enjoy higher living standards sooner rather than later. The recommendations and views expressed in this Final Report draw upon the expertise and experience of each member of the Panel. Importantly, we have also had the benefit of hearing from a wide cross-section of the Australian community and from participants in all sectors of the economy

Legislative and Regulatory Strategies for Providing Consumer Safeguards in a Convergent Information and Communications Marketplace

The Federal Communications Commission desires to apply a single regulatory category to services and service providers, a process the Commission can achieve when ventures concentrate on one function and offer one readily identifiable service, such as telephony. However, technological convergence, digitization and the ability of the Internet to handle many different service types within a single bitstream now make it possible for companies to offer quadruple play bundles of wireless and wireline telephony, video, and Internet access services. Following Comcast Corp. v. FCC, the FCC must rethink how to best serve the public interest and safeguard consumers. Absent a legislative remedy, the FCC has experienced great difficulty in finding ways to sanction ISP anticompetitive practices regulations within the Commission\u27s limited statutory authority. This article explains how the FCC backed itself into a corner when it sought to free the Internet of most regulatory oversight by determining that the information service classification applies to all Internet access technologies. Facing complaints about ISP anticompetitive practices, the FCC currently lacks explicit statutory authority to provide a needed remedy. The article also provides recommendations on how Congress and the FCC might recognize that convergent services, such as Internet access, combine both unregulated information service and telecommunications components in much the same way as wireless cellular telephone companies. The article recommends that in light of the ascending importance of Internet access and the lack of sustainable competition that would foster effective self-regulation, Congress should amend the Communications Act to authorize the FCC to apply limited Title II safeguards to ISPs that already wireless telephony