#32c3 – Net Neutrality in Europe: alea iacta est

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After two years the fight for net neutrality in Europe about the Telecom Single Market Regulation has come to a close. In this talk we will analyse the new net neutrality law and it's consequences and we give you the lessons learned from two years of EU campaigning.

On 30c3 we launched the SaveTheInternet.eu campaign. Since then activists from all around Europe fought for net neutrality and the freedom of the open internet. At 32c3 the the legislative process in Europe will have come to a close and the campaign will be mostly over.

In this talk we will look back and try to learn from past mistakes and successes. What has worked and what didn't? What will the new net neutrality law in Europe actually mean in practice? We assess the repercussions for the European internet and also for the global fight for net neutrality, particularly in the global south.

https://www.youtube.com/watch?v=jHLIPWR_ug0
https://events.ccc.de/congress/2015/Fahrplan/events/7387.html

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#32c3 – Net Neutrality in Europe: alea iacta est

  1. 1. NET NEUTRALITY IN EUROPE ALEA IACTA EST
  2. 2. NET NEUTRALITY IN EUROPE ALEA IACTA EST
  3. 3. NET NEUTRALITY IN EUROPE ALEA IACTA EST nope, keep fighting!
  4. 4. UNIVERSAL NETWORK INTERNET =
  5. 5. net neutrality = discrimination protection
  6. 6. TELECOM SINGLE MARKET EU REGULATION
  7. 7. STRATEGY OF THE COMMISSION 1. Use the election 2. Add a populist element 3. Use bizarre, complex language 4. Pretend to support net neutrality
  8. 8. #1 COME EARLY LESSONS LEARNED
  9. 9. #2 PROVIDE ACTIONABLE ITEMS LESSONS LEARNED
  10. 10. MICHAEL BAUER CORE DEVELOPER OF SAVETHEINTERNET.EU
  11. 11. THANKS TO KAPPER.NET
  12. 12. #3 BE CREATIVE, ADAPT FAST LESSONS LEARNED
  13. 13. AMENDMENTS 234-244
  14. 14. HOW WE CREATED THE FINAL TEXT ▸ fix all loopholes ▸ change as little as necessary ▸ no politically loaded phrases
  15. 15. #4 BE CLEAR ABOUT YOUR DEMANDS LESSONS LEARNED
  16. 16. ☒September 2013
  17. 17. ☒ ☑︎April 2014
  18. 18. ☒ ☑︎ ☒ March 2015
  19. 19. ☒ ☑︎ ☒ ☒July 2015
  20. 20. ☒ ?
  21. 21. IS THIS TEXT WORSE THAN USELESS?
  22. 22. “WHY WE SHOULD JOIN THE MOVEMENT TO SAVE THE INTERNET IN EUROPE” Barbara van Schewick
  23. 23. “EUROPE IS POISED TO PASS A BAD NET NEUTRALITY POLICY. THE PROPOSAL PERMITS THE INFAMOUS FAST LANES THAT WE FOUGHT HARD TO GET RID OF IN THE U.S.” Larry Lessig
  24. 24. “TOMORROW, MEMBERS OF THE EUROPEAN PARLIAMENT FACE A KEY VOTE ON THE FUTURE OF THE INTERNET. THE PROPOSED REGULATIONS IN FRONT OF THEM ARE WEAK AND CONFUSING. TO KEEP EUROPE INNOVATIVE AND COMPETITIVE, IT IS ESSENTIAL THAT MEPS ADOPT AMENDMENTS FOR STRONGER NET NEUTRALITY.” Sir Tim Berners-Lee
  25. 25. WE HAD HELP SUPPORTERS ▸ open letter from 50 internet companies ▸ venture capitalists ▸ Allied for Start-Ups ▸ Demand Progress, Fight for the Future, Free Press,  the Future of Music Coalition and Engine Advocacy ▸ German media authorities and the Association of German Journalists. ▸ Mike Butcher (TechCrunch) ▸ EDRi, Access, Digitale Gesellschaft, Bits of Freedom, La Quadrature du Net, netzfreiheit.org
  26. 26. #5 BROADEN YOUR MOVEMENT LESSONS LEARNED
  27. 27. 27. October 2015 ☒
  28. 28. THIS IS NOT THE END OF NET NEUTRALITY !
  29. 29. “NET NEUTRALITY” WHAT IS IN THE TEXT? ▸ clarity: applicable on mobile & fixed line; no commercial blocking ▸ intentional ambiguity in the text ▸ real decisions are left to unelected regulators ▸ years of legal uncertainty till ECJ decides
  30. 30. 4 TOPICS SPECIALISED SERVICES 1. “key features” “require” “specific level of quality” 2. not “simply granting general priority over comparable content” 3. not “usable or offered as replacement to internet access” 4. not “detriment of the availability or general quality of internet access” 5. only if sufficient bandwidth is available
  31. 31. Q: IN YOUR OPINION, COULD CONTENT AND APPLICATIONS PROVIDED ON THE INTERNET BECOME A KIND OF SPECIALISED SERVICE? BEREC Hearing Question 2 on Topic 2
  32. 32. ZERO RATING ‣ What means “commercial practices”? ‣ user-freedoms can not be restricted ‣ weak qualifiers “by reason of their scale” “market position” “essence of the end-users’ rights” 4 TOPICS
  33. 33. Q: WHAT IS YOUR UNDERSTANDING OF THE TERM “COMMERCIAL PRACTICES” (REF. ARTICLE 3(2))?  DO YOU THINK THERE IS A DEMAND FOR “COMMERCIAL PRACTICES” SUCH AS ZERO-RATING, FROM THE END USERS’ POINT OF VIEW?  BEREC Hearing Question 1 on Topic 4
  34. 34. TRAFFIC MANAGEMENT 1. risk of “class-based” traffic management 2. as application agnostic as possible 3. encrypted? slow lane! 4 TOPICS
  35. 35. Application Agnostic delay sensitive class-
 based proportionality, necessity, transparency & non-discrimination Article 3 (3) subparagraph 1-3 (c)
  36. 36. TRANSPARENCY ‣ Minimum / Average / Maximum Bandwidth in the contract ‣ Transparency about Traffic Management ‣ big uncertainty about measurement methodology, accuracy & granularity of information and 3rd party comparison 4 TOPICS
  37. 37. … 3) By 30 August 2016, in order to contribute to the consistent application of this Regulation, BEREC shall, after consulting stakeholders and in close cooperation with the Commission, issue guidelines for the implementation of the obligations of national regulatory authorities under this Article. Article 5 
 Supervision and enforcement
  38. 38. … 3) By 30 August 2016, in order to contribute to the consistent application of this Regulation, BEREC shall, after consulting stakeholders and in close cooperation with the Commission, issue guidelines for the implementation of the obligations of national regulatory authorities under this Article. 30. August 2016 Article 5 
 Supervision and enforcement 27. October 2015
  39. 39. 27. October 2015 30. August 2016 Parlament adopts the regulation
  40. 40. 27. October 2015 30. August 2016 regulation is published in journal 26. November 2015
  41. 41. 27. October 2015 30. August 2016 9 months
  42. 42. 27. October 2015 30. August 2016 9 months Stakeholder Hearing 15. December 2015
  43. 43. 27. October 2015 30. August 2016 working groups draft guidelines May 2016
  44. 44. 27. October 2015 30. August 2016 regulation enters into force
 30. April 2016
  45. 45. 27. October 2015 30. August 2016 BEREC plenary votes on draft June 2016
  46. 46. 27. October 2015 30. August 2016 20 days of public consultation June 2016
  47. 47. 27. October 2015 30. August 2016 analyse feedback & redraft guidelines
  48. 48. 27. October 2015 30. August 2016 final vote in 
 extraordinary BEREC plenary
  49. 49. 27. October 2015 30. August 2016 20 days ▸ USA FCC: several months - 4 million comments ▸ India TRAI: 28 days - 1 million comments ▸ Europe BEREC: 20 days
  50. 50. Keep Fighting! THANK YOU!
  51. 51. WORKSHOP ON BEREC & SAVETHEINTERNET V6 28. DECEMBER 2015, 18:00 EDRi ASSEMBLY NOISY SQUARE CONTACT US: INFO@SAVETHEINTERNET.EU QUESTIONS?

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