European Law and Regulation of Mobile Net Neutrality

Mobile is a rapidly growing and potentially major element of the future Internet, and its environment cannot be sensibly considered in isolation from fixed networks [2]. A note on terminology: Europe uses the term Mobile Network Operators (MNOs) while the United States uses 'wireless' Internet Service Providers (ISPs) [3]. 'Wireless' is somewhat more open in the United States. In Europe, mobile has always made special pleading for forms of self-regulation, as we will see. The article introduces mobile broadband, then considers net neutrality in the fixed environment including the new laws passed in November 2009 in the European Parliament, before considering the mobile net neutrality debate, the degree of price control regulation exerted on European mobiles and the MNOs' vigorous rear-guard anti-regulation defence. Finally, I look at the effects of this regulatory asymmetry and whether MNO calls for mobile to be treated differently from other ISPs can be justified. I conclude by examining what the effect of price and content control on mobile is likely to be for incentives for fixed ISPs and produce a result that I describe as the 'fixed' strategy

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’

The State of Network Neutrality Regulation

The Network Neutrality (NN) debate refers to the battle over the design of a regulatory framework for preserving the Internet as a public network and open innovation platform. Fueled by concerns that broadband access service providers might abuse network management to discriminate against third party providers (e.g., content or application providers), policymakers have struggled with designing rules that would protect the Internet from unreasonable network management practices. In this article, we provide an overview of the history of the debate in the U.S. and the EU and highlight the challenges that will confront network engineers designing and operating networks as the debate continues to evolve.BMBF, 16DII111, Verbundprojekt: Weizenbaum-Institut für die vernetzte Gesellschaft - Das Deutsche Internet-Institut; Teilvorhaben: Wissenschaftszentrum Berlin für Sozialforschung (WZB)EC/H2020/679158/EU/Resolving the Tussle in the Internet: Mapping, Architecture, and Policy Making/ResolutioNe

The Court, FCC and Internet Policy: Partly with

The paper aims to explore the contour of internet regulation with a thread of Brand X , which navigates through constitutionalism, separation of powers, as well as business and economic or political implications enshrined behind it. An exemplary insight with the Korean case was adverted that could lead to the comparative perspective of internet law and regulation for the future research. The research was conducted by employing qualitative investigation, mainly relying on textual analysis and documentary examination. The outcome of research generally corroborates with our assumption that i) the increasing administrative state will variegate the traditional interplay of three branches, ii) expert bureaucracy stands at the core of policy shaping because of the necessary new concept of market and policy specialization, iii) the role of US government is not only pioneering, but also influential as a regulator, but comparatively with differing national jurisdictions if not a negligible implications on the international competition or even conflict

Network neutrality: Hong Kong's perspectives

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Net Neutrality as Global Principle for Internet Governance

This paper discusses the concept of network neutrality (NN) and explores its relevance to global Internet governance. The paper identifies three distinct ways in which the concept of network neutrality might attain a status as a globally applicable principle for Internet governance. The paper concludes that the concept of a "neutral" Internet has global applicability in a variety of contexts relevant to Internet governance

Does the net neutrality really preserve the open internet? A critique from the implications of broadband policy

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