The document summarizes the history and future of network neutrality. It discusses how the debate over network neutrality began in the late 1990s and has continued to grow in importance. It also explores how network neutrality has been addressed through legislation and regulation in both the US and Europe. Finally, it explains that economics and human rights will continue to play a role in shaping the future of network neutrality policy.
#IFCLA2014 keynote 'Open internet and Open access to law'Chris Marsden
Net neutrality has evolved in the past 4 months from a regulatory edict that was overcome by the US Appeal Court 14 January 14 decision in Verizon v. FCC 740 F.3d 623 (2014), to a strong European law passed at First Reading by the outgoing Parliament on 3 April 2014. Chris Marsden is author of the first legal research treatise on the subject Net Neutrality: Towards a Co-Regulatory Solution (January 2010, 2nd edition due 2016) and advisor to several governments and international organisations on net neutrality. He will explain what is in the new European law, contrast it with the FCC regulatory proceedings and case law, and identify a solution to the legislative and regulatory logjams on both sides of the Atlantic. The solution needs to both satisfy consumer advocates that access to the open Internet will constantly increase in quality, as well as satisfying service provider demands for adequate incentives to invest in high-speed lanes, known as ‘Specialised Services’. He will also speak about open access to the law. There is a strong connection between open access to the Internet and to the law. Without an adequate Internet connection in the office, at home and on the move, it does not matter how good a legal app is. Marsden will analyse the increasing tendency towards providing wider access to legislation, case law and commentary by governments, publishers and law firms. There are several European projects funded by the European Commission DG Justice such as www.openlaws.eu and EUCases, as well as national projects such as #goodlaw and legislation.gov.uk, that are making use of the Internet to provide a much richer experience in ‘mashing up’ existing databases for lawyers to tailor to their (and their clients’) needs. His analysis of open access to law is based on his forthcoming article in Computers & Law, and forms part of a two-year ongoing multinational research project.
Overview of what an IP transition is: the replacement of traditional public switched telephone network with a network based around the IP protocol — a packet-switched v. a circuit switched network. The purpose of the switch is to bring potentially more efficiency and purpose to the network via wireless or wireline — or a combination of both — networks.
#IFCLA2014 keynote 'Open internet and Open access to law'Chris Marsden
Net neutrality has evolved in the past 4 months from a regulatory edict that was overcome by the US Appeal Court 14 January 14 decision in Verizon v. FCC 740 F.3d 623 (2014), to a strong European law passed at First Reading by the outgoing Parliament on 3 April 2014. Chris Marsden is author of the first legal research treatise on the subject Net Neutrality: Towards a Co-Regulatory Solution (January 2010, 2nd edition due 2016) and advisor to several governments and international organisations on net neutrality. He will explain what is in the new European law, contrast it with the FCC regulatory proceedings and case law, and identify a solution to the legislative and regulatory logjams on both sides of the Atlantic. The solution needs to both satisfy consumer advocates that access to the open Internet will constantly increase in quality, as well as satisfying service provider demands for adequate incentives to invest in high-speed lanes, known as ‘Specialised Services’. He will also speak about open access to the law. There is a strong connection between open access to the Internet and to the law. Without an adequate Internet connection in the office, at home and on the move, it does not matter how good a legal app is. Marsden will analyse the increasing tendency towards providing wider access to legislation, case law and commentary by governments, publishers and law firms. There are several European projects funded by the European Commission DG Justice such as www.openlaws.eu and EUCases, as well as national projects such as #goodlaw and legislation.gov.uk, that are making use of the Internet to provide a much richer experience in ‘mashing up’ existing databases for lawyers to tailor to their (and their clients’) needs. His analysis of open access to law is based on his forthcoming article in Computers & Law, and forms part of a two-year ongoing multinational research project.
Overview of what an IP transition is: the replacement of traditional public switched telephone network with a network based around the IP protocol — a packet-switched v. a circuit switched network. The purpose of the switch is to bring potentially more efficiency and purpose to the network via wireless or wireline — or a combination of both — networks.
Jumpstarting Investment in Wireless Spectrum R&D: Investor and Legal Perspect...Summit Ridge Group, LLC
Wireless Spectrum Research and Development (WSRD) Promoting Economic Efficiency in Spectrum Use
[Delivered at Massachusetts Institute of Technology -‐ April 23, 2013]
Jumpstarting investment Investor and Legal Perspectives: Barlow Keener (Keener Law Group) and J. Armand Musey (Summit Ridge Group, LLC)
What Issues are Building and How Do They Affect Local Governments at 2013 International Municipal Lawyers Association Annual Meeting
Teleommunications Policy in an IP World
Net Neutrality at United Nations Internet Governance Forum 2013Chris Marsden
My presentation at Dynamic Coalition on Net Neutrality - explaining the myths of net neutrality, legal framework and the US approach towards definitions of specialized services.
Public policy and online social networks: The trillion dollar zombie questionChris Marsden
26th Human Behaviour and the Evolution of Society conference
Workshop on Internet and Evolution of Society
Prof. Chris Marsden
University of Sussex School of Law
Jumpstarting Investment in Wireless Spectrum R&D: Investor and Legal Perspect...Summit Ridge Group, LLC
Wireless Spectrum Research and Development (WSRD) Promoting Economic Efficiency in Spectrum Use
[Delivered at Massachusetts Institute of Technology -‐ April 23, 2013]
Jumpstarting investment Investor and Legal Perspectives: Barlow Keener (Keener Law Group) and J. Armand Musey (Summit Ridge Group, LLC)
What Issues are Building and How Do They Affect Local Governments at 2013 International Municipal Lawyers Association Annual Meeting
Teleommunications Policy in an IP World
Net Neutrality at United Nations Internet Governance Forum 2013Chris Marsden
My presentation at Dynamic Coalition on Net Neutrality - explaining the myths of net neutrality, legal framework and the US approach towards definitions of specialized services.
Public policy and online social networks: The trillion dollar zombie questionChris Marsden
26th Human Behaviour and the Evolution of Society conference
Workshop on Internet and Evolution of Society
Prof. Chris Marsden
University of Sussex School of Law
Think Together Talk Together – Lorna Chappell and Linda Bankier
Case study of a Berwick Children’s Centre Family Learning Course, focusing on developing family communication skills through museum objects.
On Your Soap Box -
Overview of a Renaissance NE funded project at Woodhorn Museum to develop an archive based session for secondary schools in South Northumberland. The session focuses on mining communities and includes investigation of archive material, Q&A sessions with ex-miners, and debate exploring pro and anti viewpoints of the 1984 miners' strike.
Setting the scene - Adam Goldwater:
An update on what is happening in the formal learning sector and how the Renaissance Learning Team have been adapting their projects to meet the needs of Schools and Museums.
This talk was presented at Barcamp Blackpool 3 and introduced a basic teaching methodology before attendees then learnt and taught simple strategy games.
Visual thinking strategies in the early yearsRob McIver
Claire Greensit – Visual Thinking Strategy for Early Years
Case study of a VTS session with children from a Montessori Nursery at South Shields Museum & Art Gallery.
Net Neutrality is an often controversial topic, and one that many folks find they don't fully understand. Especially in the California tech arena, it's a topic that comes up a lot. Are you aware of net neutrality and how it could impact your business or organization? What issues should you be looking in to, and how can we, as tech users/builders help those in the legal world understand what we do and how their decisions would impact us?
Navigating the Internet Protocol Transition
National Association of Telecommunications Officers and Advisors (NATOA) Annual Conference
What are the implications of the IP transition for local franchising, fees, universal service, consumer protection and related areas.
Presentations from the UK SPF Cluster 4 Meeting on the 25 November
http://www.techuk.org/insights/meeting-notes/item/9810-spf-cluster-4-eecc-and-eu-5g-plan
Net neutrality - an introduction to the Four Freedoms, History, and recent proposals for changes.
Presented by Michael Plasmeier at SF Learning Night on February 11th, 2015.
TRPC director Dr. John Ure's presented on "Preparing for tomorrow: Regulation in a data-drive connected world" at Session 2: "The changing rules of the game" at the Inaugural ICT Regulators' Leadership Retreat, that took place in Singapore from 18 to 20 March 2015, organized by the Telecommunication Development Bureau (BDT) and the Infocomm Development Authority of Singapore (IDA).
Mr. André Merigoux's presentation at QITCOM 2011QITCOM
QITCOM 2011
Presentation:
Turbulence Ahead: Innovative Thinking Urgently Needed to Unleash Digital Delivery
Presenter:
Mr. André Mérigoux – Alcatel-Lucent Director, Public Affairs
QUT Regulating Disinformation with AI Marsden 2024Chris Marsden
“It is the ‘AI regulation moment” intoned the Secretary General of both the International Telecommunications Union (ITU) and the United Nations itself, before the UN General Assembly passed a unanimous resolution on AI safety, and the G7 Hiroshima Dialogue of AI codes of conduct moved industrialised nations beyond self-regulation. Academic analysts and policymakers need to challenge a reversion to broken models, to ethics washing and to what is now being termed ‘AI washing’. I set out a critical agenda for remembering lessons from the Internet past to assert an AI co-regulatory future.
Today, I will be presenting on the topic of
"Generative AI, responsible innovation, and the law."
Artificial Intelligence has been making rapid strides in recent years,
and its applications are becoming increasingly diverse.
Generative AI, in particular, has emerged as a promising area of innovation, the potential to create highly realistic and compelling outputs.
Marsden CELPU 2021 platform law co-regulationChris Marsden
12 November 2021 20th Annual International Conference, Center for Law & Public Utilities, School of Law, Seoul National University: The Wave of Digital Economy and Exploration of the Direction of Online Platform Regulation
Professor Chris Marsden, Sussex Law @SussCIGR
Discussion: Dr Eun-Jung Kwon (KISDI)
Oxford Internet Institute 19 Sept 2019: Disinformation – Platform, publisher ...Chris Marsden
With the move to a more digital, mobile, and platform-dominated media environment people increasingly find and access news and information via platforms like search engines and social media. These have empowered citizens in many ways and are important drivers of attention to established publishers but have also enabled the distribution of disinformation from a range of different actors. In a context where citizens are often increasingly sceptical of both platforms, publishers, and public authorities, what do we know about the scale and scope of disinformation problems and what can different actors do to counter the problems we face?
https://www.scl.org/articles/10662-interoperability-an-answer-to-regulating-ai-and-social-media-platforms
Safalta Digital marketing institute in Noida, provide complete applications that encompass a huge range of virtual advertising and marketing additives, which includes search engine optimization, virtual communication advertising, pay-per-click on marketing, content material advertising, internet analytics, and greater. These university courses are designed for students who possess a comprehensive understanding of virtual marketing strategies and attributes.Safalta Digital Marketing Institute in Noida is a first choice for young individuals or students who are looking to start their careers in the field of digital advertising. The institute gives specialized courses designed and certification.
for beginners, providing thorough training in areas such as SEO, digital communication marketing, and PPC training in Noida. After finishing the program, students receive the certifications recognised by top different universitie, setting a strong foundation for a successful career in digital marketing.
How to Make a Field invisible in Odoo 17Celine George
It is possible to hide or invisible some fields in odoo. Commonly using “invisible” attribute in the field definition to invisible the fields. This slide will show how to make a field invisible in odoo 17.
Normal Labour/ Stages of Labour/ Mechanism of LabourWasim Ak
Normal labor is also termed spontaneous labor, defined as the natural physiological process through which the fetus, placenta, and membranes are expelled from the uterus through the birth canal at term (37 to 42 weeks
Read| The latest issue of The Challenger is here! We are thrilled to announce that our school paper has qualified for the NATIONAL SCHOOLS PRESS CONFERENCE (NSPC) 2024. Thank you for your unwavering support and trust. Dive into the stories that made us stand out!
Francesca Gottschalk - How can education support child empowerment.pptxEduSkills OECD
Francesca Gottschalk from the OECD’s Centre for Educational Research and Innovation presents at the Ask an Expert Webinar: How can education support child empowerment?
Synthetic Fiber Construction in lab .pptxPavel ( NSTU)
Synthetic fiber production is a fascinating and complex field that blends chemistry, engineering, and environmental science. By understanding these aspects, students can gain a comprehensive view of synthetic fiber production, its impact on society and the environment, and the potential for future innovations. Synthetic fibers play a crucial role in modern society, impacting various aspects of daily life, industry, and the environment. ynthetic fibers are integral to modern life, offering a range of benefits from cost-effectiveness and versatility to innovative applications and performance characteristics. While they pose environmental challenges, ongoing research and development aim to create more sustainable and eco-friendly alternatives. Understanding the importance of synthetic fibers helps in appreciating their role in the economy, industry, and daily life, while also emphasizing the need for sustainable practices and innovation.
Introduction to AI for Nonprofits with Tapp NetworkTechSoup
Dive into the world of AI! Experts Jon Hill and Tareq Monaur will guide you through AI's role in enhancing nonprofit websites and basic marketing strategies, making it easy to understand and apply.
Unit 8 - Information and Communication Technology (Paper I).pdfThiyagu K
This slides describes the basic concepts of ICT, basics of Email, Emerging Technology and Digital Initiatives in Education. This presentations aligns with the UGC Paper I syllabus.
2024.06.01 Introducing a competency framework for languag learning materials ...Sandy Millin
http://sandymillin.wordpress.com/iateflwebinar2024
Published classroom materials form the basis of syllabuses, drive teacher professional development, and have a potentially huge influence on learners, teachers and education systems. All teachers also create their own materials, whether a few sentences on a blackboard, a highly-structured fully-realised online course, or anything in between. Despite this, the knowledge and skills needed to create effective language learning materials are rarely part of teacher training, and are mostly learnt by trial and error.
Knowledge and skills frameworks, generally called competency frameworks, for ELT teachers, trainers and managers have existed for a few years now. However, until I created one for my MA dissertation, there wasn’t one drawing together what we need to know and do to be able to effectively produce language learning materials.
This webinar will introduce you to my framework, highlighting the key competencies I identified from my research. It will also show how anybody involved in language teaching (any language, not just English!), teacher training, managing schools or developing language learning materials can benefit from using the framework.
Exploiting Artificial Intelligence for Empowering Researchers and Faculty, In...Dr. Vinod Kumar Kanvaria
Exploiting Artificial Intelligence for Empowering Researchers and Faculty,
International FDP on Fundamentals of Research in Social Sciences
at Integral University, Lucknow, 06.06.2024
By Dr. Vinod Kumar Kanvaria
June 3, 2024 Anti-Semitism Letter Sent to MIT President Kornbluth and MIT Cor...Levi Shapiro
Letter from the Congress of the United States regarding Anti-Semitism sent June 3rd to MIT President Sally Kornbluth, MIT Corp Chair, Mark Gorenberg
Dear Dr. Kornbluth and Mr. Gorenberg,
The US House of Representatives is deeply concerned by ongoing and pervasive acts of antisemitic
harassment and intimidation at the Massachusetts Institute of Technology (MIT). Failing to act decisively to ensure a safe learning environment for all students would be a grave dereliction of your responsibilities as President of MIT and Chair of the MIT Corporation.
This Congress will not stand idly by and allow an environment hostile to Jewish students to persist. The House believes that your institution is in violation of Title VI of the Civil Rights Act, and the inability or
unwillingness to rectify this violation through action requires accountability.
Postsecondary education is a unique opportunity for students to learn and have their ideas and beliefs challenged. However, universities receiving hundreds of millions of federal funds annually have denied
students that opportunity and have been hijacked to become venues for the promotion of terrorism, antisemitic harassment and intimidation, unlawful encampments, and in some cases, assaults and riots.
The House of Representatives will not countenance the use of federal funds to indoctrinate students into hateful, antisemitic, anti-American supporters of terrorism. Investigations into campus antisemitism by the Committee on Education and the Workforce and the Committee on Ways and Means have been expanded into a Congress-wide probe across all relevant jurisdictions to address this national crisis. The undersigned Committees will conduct oversight into the use of federal funds at MIT and its learning environment under authorities granted to each Committee.
• The Committee on Education and the Workforce has been investigating your institution since December 7, 2023. The Committee has broad jurisdiction over postsecondary education, including its compliance with Title VI of the Civil Rights Act, campus safety concerns over disruptions to the learning environment, and the awarding of federal student aid under the Higher Education Act.
• The Committee on Oversight and Accountability is investigating the sources of funding and other support flowing to groups espousing pro-Hamas propaganda and engaged in antisemitic harassment and intimidation of students. The Committee on Oversight and Accountability is the principal oversight committee of the US House of Representatives and has broad authority to investigate “any matter” at “any time” under House Rule X.
• The Committee on Ways and Means has been investigating several universities since November 15, 2023, when the Committee held a hearing entitled From Ivory Towers to Dark Corners: Investigating the Nexus Between Antisemitism, Tax-Exempt Universities, and Terror Financing. The Committee followed the hearing with letters to those institutions on January 10, 202
A review of the growth of the Israel Genealogy Research Association Database Collection for the last 12 months. Our collection is now passed the 3 million mark and still growing. See which archives have contributed the most. See the different types of records we have, and which years have had records added. You can also see what we have for the future.
4. Author:
• Oxford Bibliography of Internet Law
– Oxford UP, 2012
• Network Neutrality: A Research Guide
– in 'Handbook Of Internet Research' (Elgar, 2012)
• Internet Co-regulation
– Cambridge UP, 2011
• Net Neutrality: Towards a Co-regulatory
Solution
– Bloomsbury, 2010
5. Net Neutrality: European and
Comparative Approaches
• Network neutrality growing policy controversy,
• 2 elements separated:
– present net neutrality 'lite' debate and
– the emerging net neutrality 'heavy'
– concerned with fibre access networks in future.
9. In this talk
• I explain its past,
• explore the legislation and regulation of its
present, and explain that
• economics and human rights will both play a
part in its future.
12. Telcos never liked the Internet
• AT&T’s Jack Osterman reacting to
• Paul Baran’s 1964 concept of the Internet:
• ‘First it can’t possibly work, and if it did,
• damned if we are going to allow the
creation of a competitor to ourselves.’
13. Net neutrality permanent
feature of telecoms law
• It is a debate which
– has existed since 1999
– will grow in importance as
• Internet matures & service quality increases
• demand on the network for
– more attractive fixed and
– mobile/wireless services.
14. Late 1990s debate
• ‘Internet changes everything…’
• But barriers to entry enhanced by tipping effects
– Information Rules, Shapiro/Varian
– The Innovator’s Dilemma, Christensen
– The Sources of Innovation, von Hippel (1988)
• Microsoft trial – bundling Windows with
Explorer/Media Player
• Recognized monopoly problems: Google too?
• Fragile innovation ecosystem with dynamic feed-back
loops
15. Common Carriage not new
• Began with obligations on inns/boats
• Determined by public function of networks
• Continued into modern networks
• E.g. Railways and telegraphs
• 1844 Railway Regulation Act
– Setting both emergency access (‘kill switch’)
– AND Parliamentary trains
• FRAND end-to-end access at set cost
18. Facebook advert for neutrality
• $100billion business built in 6 years
– 845million users
– Not permitted in China/Iran/N.Korea
• Rupert Murdoch bought MySpace 2005
– His revolutionary new idea: paywalls
• So who’s on the right side of history?
21. 1999
• Network Neutrality debate began in 1999
• Mergers: cable TV and broadband companies
• AT&T/MediaOne and AOL/TimeWarner
• Lessig and Lemley FCC submission:
– ‘The end of End-to-End’
• Before ‘Code and Other Laws…’
• Fear of closed duopoly model
22. 2000s Debate
• 2002-4 US ‘Title II’ telecoms competition
removed by courts, Republican FCC
– Brand X case, Triennial Review
• Lessig and Wu write to Congress 2002:
– fear cable-TV business model
– Wu coins term ‘net neutrality’ 2003
• FCC introduces 4 ‘Net Freedoms’ 2005
– Not including enforcement of same!
– Congress fails to legislate 2005-6
– 2008 – Obama campaigns w.net neutrality
23. Discrimination and Net Neutrality
Non Discriminatory regime
Quality Charging
(QOS discrimination) (price discrimination)
Blocking
24. Telecoms law
• More than just competition law
• Are ISPs all engaged in similar practices?
– All discriminating against innovative users
– Blocking gamers and P2P file sharers
– Are they all doing it for security reasons?
• Vertical integration and discrimination?
– US Comcast (2008) and
– Madison River (2005) cases
– are easy FCC competition cases
26. Supply and Demand Possibilities
1
FTTH
Excess supply
ADSL2 and VDSL
8-50Mb/ s
Peer-to-
Market peer video
capability
Peer-to-peer music
Excess demand
ADSL Content demand
512Kb/ s
Network supply
Inflexion point
0
Time
27. Four types of market failure: legitimacy for
regulators to act
1. Market power
– As in Comcast (2008) and Madison River (2005)
2. Lack of information/asymmetries
– Ofcom work on easier switch between ISPs
3. Quality of service
– Claim of P2P and gamers that they are blocked
4. Provision of public goods
– Welfare loss through lack of innovation
– Much more complex and far-sighted Lessigian view
28. A Different Debate for Europe
Net neutrality must be assessed within the particular
context of European markets and legal regimes:
• Different competitive landscape for networks
– Services competition based on telco infrastructure
– Strong policies favouring wholesale access
• Different legal protections
– Limited regulatory distinctions between communications
networks and services
– Backstop protection for market failures
29. Key Policy Concerns
• Service available to consumers
– What kind of QoS should consumers expect to get when they purchase
‘basic’ broadband Internet access?
– Will consumers be able to access the applications that they want via
the broadband and mobile Internet?
• Discrimination/monopoly rents
– To what extent can network operators treat differently the traffic of
particular content or application providers?
– When can network operators charge for QoS on different terms to
similarly situated providers?
30. What ‘good’ looks like
– Continuity in end-to-end architecture (and therefore reach)
• to sustain investment cases and promote innovation
– Effective competition at the ‘right’ level in the value chain
• to allow competing operators to innovate (particularly at the transmission layer)
– Environment in which consumers will prosper:
1. User choice and control
2. Information transparency
3. Ease of switching
– Transparency and non-discrimination from network providers:
• Treatment of content type
• Access pricing
– Existence of effective remedies and processes which enable NRAs to
• act quickly and decisively against unfair discrimination in a fast-moving market
31. market tackle NN concerns?
• Framework relies on healthy competition to police NN:
1. competition (incentives to invest) lacking in some markets
2. not clear flexibility broadband providers have to offer
1. different levels of QoS or to offer a choice of broadband services
3. consumers need accurate information about services received
• information transparency not effective in the past
• consumers (especially vulnerable) not well-informed or motivated
to switch
• Consumers’ flexibility to switch (not 18-month contracts)
32. anti-NN behaviour addressed?
The effectiveness of NRAs in tackling anti-NN behaviour will depend on:
• Ability of NRA or complainant to prove discriminatory behaviour
– poor customer service be distinguished from discrimination?
• How the 2009 Framework is transposed
• Speed and effectiveness of NRA decision-making
• Notifying proposed measures (including non-SMP remedies)
– which Commission may veto
In SMP markets,
• does SMP analysis take place before non-SMP remedies can be applied?
33. 2009 –10
FCC,
CRTC and
European Commission
introduce vague broad principles
of non-discrimination
2011-12 devil lies in the detail…
34. Net neutrality laws
– Netherlands: Law of 6 March 2012
– Chile and Finland: as part of universal service
• Regulation in
– United States – FCC Open Internet Order Sept ‘11
– Canada – CRTC rules 2009, not implemented
• co-regulation in Norway – 2009 agreement
• self-regulation in Japan, United Kingdom
• and many other European countries
– E.g. France 10 Principles
35. US FCC Order 2011, challenge 2012
• FCC Report and Order (2010) Preserving the Open Internet,
– 25 FCC Rcd 17905
• FCC Report and Order, In The Matter Of Preserving The Open
Internet And Broadband Industry Practices,
– GN Docket No. 09-191, WC Docket NO. 07-52, FCC 10-201 § 21-30
– Published 22 Dec 2010, appeared Federal Register 23 Sept 2011
• In Re: FCC, In the Matter of Preserving the Open Internet,
Report and Order, FCC 10-201, 76 Fed. Reg. 59192 (2011),
• Consolidation Order - Judicial Panel on Multidistrict Litigation,
Oct. 6, 2011
– http://commcns.org/sOFyyT
36. • GN Docket No. 09-191 Broadband Industry
Practices WC Docket No. 07-52
• ‘In the Matter of Further Inquiry into #Two
Under-Developed Issues in the Open Internet
Proceeding Preserving the Open Internet’,
• Andersen et al (2010) Comments on
Advancing Open Internet Policy Through
Analysis Distinguishing Open Internet from
Specialized Network Services.
37. DIRECTIVE 2009/136/EC
New Articles 20 and 22, Recital 26:
• Consumer protection/citizen rights NOT SMP
• http://eur-
lex.europa.eu/LexUriServ/LexUriServ.do?uri=OJ:L:2009:337:0011:0
036:EN:PDF
• Requirements to notify customers & NRAs
– But will need civil society activists
– To detect discrimination
– To notify higher-end consumers of problems
• Added to interoperability requirements
• Article 5 Interconnection Directive
38. Article 22: Quality of service
1. Member States shall ensure that NRAs are
• able to require networks and/or services to publish
• comparable, adequate and up-to-date QoS information
2. NRAs may specify the QoS parameters to be measured
• content, form and manner of information published,
• including possible quality certification mechanisms,
• end-users...comparable reliable user-friendly information
3. In order to prevent the degradation of service,
• Member States ensure NRAs can set QoS requirements.
39. NRAs shall provide the Commission
• ... with a summary of the grounds for action,
• the envisaged requirements and
• the proposed course of action.
• This information shall be available to BEREC
• The Commission may... make comments or
recommendations...
• NRAs shall take the utmost account of the
Commission’s comments or recommendations when
deciding on the requirements.
40. Declaration: Neutrality 2009/140EC
• The Commission attaches high importance to preserving the
open and neutral character of the Internet,
• taking full account of the will of the co-legislators
• now to enshrine net neutrality as a policy objective and
• regulatory principle to be promoted by NRAs
– Article 8(4)(g) Framework Directive
• strengthening of related transparency requirements
– USD Articles 20(1)(b) and 21(3)(c) and (d)
• safeguard NRA powers to prevent service degradation
• hindering or slowing down of traffic over public networks
– USD Article 22(3)
– http://eur-
lex.europa.eu/LexUriServ/LexUriServ.do?uri=OJ:L:2009:337:0037:0069
:EN:PDF
41. Commission will monitor closely
• the implementation of provisions in the Member States,
• introducing a particular focus on how the ‘net freedoms’ of
European citizens are being safeguarded
– in its annual Progress Report to Parliament and Council.
• Commission will monitor the impact of market and
technological developments on ‘net freedoms’
• reporting to Parliament and Council before end-2010
– on whether additional guidance is required, and
• will invoke its existing competition law powers
– to deal with anti-competitive practices that may emerge.
42. Kroes: BEREC given key role by EC
[1] EC is not leading in evidence gathering –for BEREC:
– "At the end of 2011, I will publish the results, including any
instances of blocking or throttling certain types of traffic."
[2] If that produces evidence of widespread
infringement - only Madison River Skype blocking?
– recommend setting EU guidance rules
• "more stringent measures...[in] the form of guidance."
[3] "If this proves to be insufficient, I am ready to
prohibit the blocking of lawful services or
applications.”
• I think that means guidance 2012 - regulatory action
2013, if ever.
43. BEREC response 2010
• EC (2010) consultation on the open Internet
and net neutrality in Europe
• http://ec.europa.eu/information_society/policy/ecom
m/library/public_consult/net_neutrality/index_en.htm
• BoR (10) 42 BEREC Response at
– http://www.erg.eu.int/doc/berec/bor_10_42.pdf
• “blocking of VoIP in mobile networks occurred
– Austria, Croatia, Germany, Italy, the Netherlands,
Portugal, Romania and Switzerland”
44. Incidentally it’s not net neutrality...
• It’s ‘the open Internet’
• In both EC consultation and FCC Order
45. BoR (11) 40 Rev1
• Draft Work Programme for BEREC 2012
• NRAs’ regulatory remedies available
• to address potential discrimination issues,
– link to the quality of service issue
– possible IP interconnection market analysis in
2012
46. BEREC overview situation of European
markets
• BEREC investigation task from Commission
– regarding switching issues and
– traffic management practices
– implemented by operators.
• thorough investigation request
– dedicated task force, together with Commission
• results consolidated and published by Feb
2012?
47. Quality of Service requirements
• Regulatory Framework: competence for NRAs
to set QoS minimum requirements.
• What is meant?
• When should NRAs set minimum
requirements and what should those be?
• Harmonised minimum QoS requirements
– could avoid creating inefficiencies for operators,
– costs ultimately paid by consumers.
48. 2012 further guidelines for NRAs
– Methods available for measuring and assessing
• network and application performance,
• including by the end users themselves.
– E.g. NRAs can promote or provide tools
– end users control or monitor quality achieved
– (including contractually agreed parameters).
49. Discrimination:
• Prioritisation implicitly is discrimination,
• number of aspects should be taken into
account
• to evaluate negative consequences for
– level of competition, innovation and end users’
interests.
• 2011, economic analysis of potential and
theoretical effects of discriminatory behaviour.
50. IP interconnection
• current IP interconnection agreements
– peering/transit,
– which may affect net neutrality issues.
• analysis competition/technological
developments
• in particular contribute to economic analysis.
51. BEREC NN Deliverables:
1. Detailed guidelines on Transparency;
1. (depending on outcome of the public consultation):
2. Guidelines on Quality of Service Requirements;
3. Completion of BEREC Reports on discriminatory
issues;
4. Report on IP interconnection;
5. Inquiry results on traffic management practices.
52. Deadlines for BEREC 2012
• Results of inquiry on traffic management
Q1/2012
• Discrimination report – public consultation
Q2/2012, adoption Q3/2012;
• Transparency – Q3/2012;
• QoS guidelines – Q3/ 2012;
• IP interconnection – final report Q3/2012;
53. December 2011 documents
• BEREC Christmas present!
• Dense information documents:
• BoR 53(11) Quality of Service
• BoR 67(11) Transparency, at
– erg.eu.int/documents/berec_docs/index_en.htm
54. Three wise monkeys
‘We have received no complaints’ is NOT
‘I have not listened to any complaints’.
• Some regulators are:
– Seeing no evil
– Hearing no evil
– Speaking no evil.
• BEREC analyzing the
problem sensibly!
55. Neutrality ‘Lite’
• Common carriage
• Quality of service guarantee
• Lowest through-put guarantee
– Not maximum speed
– 2Mbps is universal service broadband definition
– Should be feasible with LTE
• No blocking of rival applications/P2P
• FRAND for premium content
– FRAND can mean exclusivity in narrowband networks
– Al Franken’s fears: everything goes premium
– And video’s future is on CDNs – is this network?
56. Framework for Solving Problem
• Consumer and competition harm
– Misleading advertising
– Deceptive trade practices
– Stymying competition in downstream market
– Vertical integration
• Freedom of speech and innovation
– Blogs and YouTube videos – allow consumers their
content
– P2P – future of distribution
– PSBs – distribution of publicly funded content
57. NN Regulation light as possible, but effective:
1. Information regulation
– to require service providers to inform consumers
2. Continual monitoring and surveillance
3. Timely evidence-based intervention
– to correct harmful and unjustified discrimination
where necessary
58. NN enforced via reporting requirements:
1.incentive for market players, and
2.co-regulation or formal regulation
– if insufficiently unanimous cooperation.
• Market actors & self-regulatory bodies in
– dialogue with regulators and consumers.
This is preferable and lighter-touch:
• NOT government regulation
• OR non-regulation.
59. Managed services FRAND
Fair
Reasonable and
Non-discriminatory
Access
• means Murdoch, Berlusconi and Disney
– can’t cut exclusive deals to freeze out
competitors
• Universal service must also be considered
• As well as Public Service must-carry
61. Road to nowhere –break the circle of
disinvestment and disincentive
62. Private Internet Censorship
• This is shorthand for what ISPs have to do
• ISPs are not evil – they’re capitalists
• Regulators are meant to regulate capitalism
• Innovation does not take place at ISP layer
• Do they innovate more than Skype/Google/
Facebook?
• If so, why do voice phone calls still exist?
64. PHORM secret trials 2006/7
• Press Release IP/09/570
– Article 5(1) of Directive 2002/58/EC
– Article 2(h) of Directive 95/46/EC
• Press Release IP/10/1215
• No court case before CJEU against UK
• UK Regulation Of Investigatory Powers Act 2000
– Section 1a And Schedule A1
• Regulation of Investigatory Powers (Monetary Penalty Notices and
Consents for Interceptions) Regs (SI 2011 No.1340)
• Investigation of Unintentional Electronic Interception:
Monetary Penalty Notice, Exercise Of Powers Under
• http://www.intelligencecommissioners.com/docs/Interception_Co
mmissioner_Guidance_RIPA.pdf
65. European Data Protection Supervisor
(2011)
• 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/si
te/mySite/shared/Documents/Consultation/Opini
ons/2011/11-10-07_Net_neutrality_EN.pdf
66. Deep Packet Inspection Policy
• US Congress hearings 2008:
• http://energycommerce.house.gov/cmte_mtg
s/110-ti-hrg.071708.DeepPacket.shtml
70. Losing liberty?
• ISPs important intermediary limited liability
• Based on their wise monkeys role
• Behavioural advertising – PHORM
• Blocking and filtering
• Throttling on non-transparent basis
• Removes 2000/31/EC Art.12-14 exemption
• Freedom of expression vital to democracy
71. Book launched
Feb-March 2010
100,000
downloads
first 2 months
Canada (McGill)
UK (Oxford)
Brussels
Author@Google
71 Check against delivery participants only
72. 2011 articles
• ‘Three Wise Monkeys’
–www.globalpolicyjournal.com/
• ‘Mobile Net Neutrality’
–ejlt.org//article/view/32
• More ssrn.com/author=220925
• www.essex.ac.uk/law/staff/profil
e.aspx?ID=832
Editor's Notes
Part of the The Sistine Chapel ceiling, painted by Michelangelo between 1508 and 1512http://en.wikipedia.org/wiki/Sistine_Chapel_ceiling