This document discusses various approaches to net neutrality regulation internationally. It notes that Norway implemented co-regulation in 2009 through an industry agreement. The Netherlands implemented the 2009 EU law quickly through legislation due to mobile blocking. The US process was very slow due to lack of bipartisanship and court delays before the FCC order in 2015. The UK process was also very slow, with industry groups delaying meaningful self-regulation.
6. [1999] Pluralism in the Multi-Channel
Television Market:
*Suggestions for Regulatory Scrutiny
*Council of Europe Human Rights Commission,
*Mass Media Directorate, Strasbourg, France
*MM-S-PL [99]12 Def2.
*
7. *“AOL, WorldCom and other Internet companies
*again urged federal authorities to bar cable operators striking
exclusive deals on high-speed Internet service
*Internet providers want to be sure that consumers will enjoy the
same open access to their services via cable networks that they
now have over phone lines …
*AT&T Corp.'s planned acquisition of MediaOne Group
Inc…renewed the interest of regulators and Congress.”
*
8. *
Lessig and Lemley FCC submission:
*‘The end of End-to-End’
*Fear of closed duopoly model
29. *
Country Legal Approach
Netherlands 15 May 2012 (S.7.4.a of Telecoms Law)
Chile &
Finland
Universal access to ‘unfiltered’
Internet
United
States
FCC Open Internet Order Sept ‘11
Norway Co-regulation – 2009 agreement
Canada CRTC rules 2009 (not implemented?)
Japan, UK
France
Self-regulation unenforced
ARCEP ‘Ten Principles ‘
30. *Happy 6th birthday – since March 2009
*Cause: ISP blocking national broadcaster video service
*Enforced by co-regulatory pact – complaints?
*Now formalised in law – so definitely NOT self
*Other countries tried less effective forms of ‘co’
*While pretending it’s really ‘self’: US and UK
*
31. *Deny – problem does not exist until 2006?
*Delay – attempt switching/transparency solutions –
*some success: changes in General Conditions 2006-8
*Using SamKnows to measure performance 2010-
*Broadband Speed Code of Conduct 2008-12
*Degrade – switch argument into co-regulatory forum:
*Broadband Stakeholder (sic) Group
*An industry forum funded in part by government
*Corporatist conceit
*
32.
33. *
*BEREC (2010) Response to the European Commission’s consultation
on the open Internet and net neutrality in Europe, BoR (10)42
*Charlie Dunstone, Chairman, TalkTalk
*Ofcom International Conference, November 2006
“We shape traffic to restrict P2P users.
I get hate mail at home from people
when that means we restrict
their ability to play games.
I’ve got 2 people threatening to kill me”
34. *Ofcom tried to strong-arm ISPs into self-regulation
*Broadband Code of Conduct in 2009/10
*BSG transparency code of practice 2011
*Minister Vaizey had to do same for this BSG approach
*Ofcom research with SamKnows
*Ofcom has regulatory powers:
*Transparency – meaningful information on throttling and peaktime
speeds
*Minimum Quality of Service
*Netherlands simply implemented 2009 EU law
*
35. *“I don’t think heavy handed regulation is necessary.
*“I’m saying we’re not going to put regulatory hurdles in the
way – the last 20 years have told us not to do that.
*“What I announced was business as usual –government was
alive to these issues and prepared to intervene in future.
*“I am absolutely as one with someone like Tim Berners-Lee”
*Liar!
*Tim disagreed and disagrees!
*We’ll see if Vaizey is still Minister in May – election time
*
36. *Language shows ISPs kowtowed to Ofcom Nov. 2011 report:
*"it is right that Ofcom take ownership of this issue
*“new proposed process will be a useful input to Ofcom… in
monitoring the impact of traffic management practices...
*"voluntary commitments being made in this code closely relate to
ongoing monitoring work Ofcom… will conduct.
*“happy to discuss with Ofcom how its future work plans regarding
open internet issues could support or input into a review of these
voluntary commitments."
*
37. *2011 signatories: BE, BT, BSkyB, KCOM, giffgaff, O2,
Plusnet, TalkTalk, Tesco Mobile and Three.
BUT 30% of fixed market: Virgin
60% of mobile market also refused:
*Everything Everywhere
*Only 4G operator in 2013
*Vodafone
*World’s largest mobile ISP
*
39. *
*Concerned that traffic management would result in exposure of
users’ personal data
*Including IP addresses
*‘Opinion on net neutrality, traffic management and protection
of privacy and personal data’
*http://www.edps.europa.eu/EDPSWEB/webdav/site/mySite/share
d/Documents/Consultation/Opinions/2011/11-10-
07_Net_neutrality_EN.pdf
40. Cesar Alierta, CEO Telefónica:
“Something is now working in the value chain and this is not a
level playing field.”
Franco Bernabè, CEO Telecom Italia:
“a couple of players dominate the market, stifling competition
as others struggle to develop a significant customer base”.
Randall Stephenson, CEO AT&T:
*“Policy makers are going to have to be very clear about
whether they desire rapid adoption of the latest technologies,
*or do they desire hyper-competition and the lowest prices
possible for the most basic of services.
*
41. *1st Internet Science conference Brussels 10-11 April 2013
*2nd Internet Science conference Brussels 27-28 May 2015
*Professor Ziga Turk, minister in charge of Slovenian law
*UK, French and Dutch technical engineering experts
*
42. *
*Federal Communications Commission (2015)
* In the Matter of Protecting and Promoting the Open Internet GN
Docket No. 14-28 REPORT AND ORDER ON REMAND, DECLARATORY
RULING, ORDER Adopted: February 26, 2015 Released: March 12, 2015
*“ISPs cannot “unreasonably interfere with or unreasonably
disadvantage”
*the ability of consumers to select, access, and use the lawful
content, applications, services, or devices of their choosing;
or of edge providers to make lawful content, applications,
services, or devices available to consumers.
*case-by-case basis: guidance on how the Commission
will apply the standard in practice.
43. *
*“broadband providers disclose, in a consistent format,
*promotional rates, fees and surcharges and data caps
*“Disclosures must also include packet loss as a measure of
network performance, and
*“provide notice of network management practices that
can affect service.”
*temporary exemption for [ISPs] with >100,000 subscribers
44. Norway UK Netherlands US
Measurement Self-declared
with verification?
Ofcom: SamKnows Consumers e.g.
Glasnost/Neubot/
BitsofFreedom
FCC: SamKnows
Technical
advice
Within co-
regulatory pact
Broadband
Stakeholder
Group co-
regulation
NRA – advising
ministry
BITAG and OIAC
self/co-
regulation
Legal
position
Co-regulation Not implemented
2009/136/EU
Implemented
2009/136/EU
Order 2010,
published Sept’11
– now Feb’15
Efficiency Very fast – first
mover
Very slow –
industry foot
dragging
Very fast – legislative
panic
Very slow – note
court delay
Lesson Act fast, get
stakeholder buy-
in
Death by 1000
cuts; deny-delay-
degrade;
significant
Mobile DPI and
blocking prompted
action – legislative
panic
Lack of
bipartisanship
causes trench
warfare
*