This document summarizes Professor Chris Marsden's discussion on net neutrality implementation and regulation. It discusses key issues around whether internet access providers should be allowed to prioritize some data over others or block/throttle certain sites based on payments. It also considers challenges regarding dominant platform providers colluding with mobile operators and the lack of choice for mobile internet users. Finally, it outlines Professor Marsden's current work focusing on topics like net neutrality regulation in different regions and addressing problems in the mobile universe.

1. Law in action, law in books:
Net Neutrality not implemented?
Prof Chris Marsden
University of Sussex
@ChrisTMarsden
www.chrismarsden.blogspot.com
9/5/2018

2.  Internet “open platform that allows anyone to share information,
access opportunities and collaborate across geographical boundaries”
 Tim Berners Lee https://www.theguardian.com/technology/2017/nov/15/tim-
berners-lee-world-wide-web-net-neutrality
 internet access providers (telcos) treat all data equally – email, Netflix,
file transfer.
 Telcos not allowed to choose:
 which data is sent more quickly
 which sites get blocked or throttled
 depending on which content providers pay a premium
 “1st Amendment of the internet” – yes, it was assumed
9/5/2018
What is net neutrality?

3. 1. How about if users choose a priority?
2. But video needs Specialized Services?
3. Email can take an extra second?
4. What about spam?
5. Does that mean viruses get equal treatment?
6. Can’t telcos filter for terrorism/child pornography?
7. How about filtering out video adverts?
9/5/2018
But that means video is like email?

4. 9/5/2018
Is there a problem to solve?

5. 9/5/2018
Jan
2018

6. 9/5/2018
All those maps are wrong – sorry
Canada: use Gall Peters

7. 9/5/2018
North America: recent changes!

8. 9/5/2018
Not that John Oliver…

9. 9/5/2018
There was once consensus on NN

10. 9/5/2018
It’s all about money and user choice
Proximus example

11. 9/5/2018
US equivalent

12. 9/5/2018
Zero rating…if it’s free, I’ll have 2

13. Prior art....
9/5/2018

14. 9/5/2018
Law professor’s talk without blockchain

15.  Net neutrality implementation
 EU/EEA/Brexit UK
 USA & Canada, BRICs & Mexico
 Openness and mandated interoperability
 Social network ‘platform’ regulation
Privacy of data transfer/personal data stores
 Co-regulation & NGO/civil society debate
NN produced 4m US/2m India/500k EU responses
 Regulating Code Part II
 ‘Regulating Platforms’? 9/5/2018
My current work

16.  Dominant platform providers
 Facebook, Microsoft, Google,
Amazon, Apple
 With dominant access providers
 social network + mobile operator
 Diagram ©ARCEP (French regulator)
 Are content providers a problem?
Wikipedia, NetFlix, Spotify?
9/5/2018
You should not permit telcos to
collude with platforms

17.  Is mobile Internet a free user’s choice?
 How much does your data cost?
 Apple iOS + iTunes
 Google Android + Google Play Store
Problem goes back a decade
 First iPhone was exclusive to AT&T – same in other markets
 Permitting Facebook/Instagram/WhatsApp mergers
 Made Microsoft/LinkedIn/SlideShare inevitable?
9/5/2018
Mobile universe particularly
problematic

18.  Regulation, enforcement and implementation,
 focussing on EU Regulation 2015/2120
 BEREC Guidelines 2016 enforcement consultation June 2017
 http://berec.europa.eu/eng/document_register/subject_matte
r/berec/public_consultations/7093-draft-net-neutrality-
regulatory-assessment-methodology
 Guidelines/enforcement success dependent on
 actions of 28 national regulators & 9 observer regulators
 (one of whom actually wrote the majority of the Guidelines).
 comparison with other parts of the world
 Examples: India, US and Chile
 http://chrismarsden.blogspot.co.uk/2017/09/berec-publishes-
study-on-net-neutrality.html
9/5/2018
Past, present, future
of net neutrality

19.  Will Donald Trump the Internet?
https://theconversation.com/donald-trump-could-be-
about-to-end-net-neutrality-71732
 Mobile in Latin America and ‘zero washing’ (in
Spanish)
http://m.eltiempo.com/tecnosfera/novedades-
tecnologia/como-funciona-el-zero-rating-129586
 European net neutrality, at last?
https://www.opendemocracy.net/luca-belli-
christopher-t-marsden/european-net-neutrality-at-last
9/5/2018
Some light reading?