Net Neutrality The debate in the US and in the EU Balázs BARTÓKI-GÖN CZY

Forms of discrimination 1)Negative discrimination 2)Positive discrimination a)Prioritization for money (fast lanes) b)Positive price discrimination (zero rating)

Negative discrimination source: nerdreactor.comsource: tribune.com.pk

Positive discrimination: FAST LANES

Positive discrimination: ZERO RATING source: concurrentmedia.com

Telecommunications service Service consisting of the transmission of the information chosen by the user between the end-points specified by the user without altering the information transmitted. Information service Service that enable the Processing of the information using a telecommunication service. USA: Ensnared by an issue of powers

Telecommunications service Service consisting of the transmission of the information chosen by the user between the end-points specified by the user without altering the information transmitted. Information service Service that enable the Processing of the information using a telecommunication service. Common carriage obligations

USA: Deregulation by FCC  Internet access service as telecommunication service  1998: FCC’s Advanced Service Order  2000, Ninth Circuit Court of Appeals: Cable modem internet access is telecommunication service  Internet access as information service  2002: Cable Broadband Order  2003: Court of Appeals for the Ninth Circuit of the District of Columbia  2005: Deregulation of all fixed Internet access service  2007: Deregulation of all mobil Internet access service

New Open Internet Order (2015)  The new Open Internet Order restores the FCC’s legal authority reclassifying broadband Internet access as a telecommunications service.  No Blocking and throttling: broadband providers may not block, impair or degrade lawful Internet traffic on the basis of content, applications, services, or non-harmful devices.  No Paid Prioritization: broadband providers may not favour some lawful Internet traffic over other lawful traffic in exchange for consideration of any kind—in other words, no “fast lanes.” This rule also bans ISPs from prioritizing content and services of their affiliates.

Introduction of the principle in 2009 Framework Directive (Art. 8.) „The national regulatory authorities shall promote the interests of the citizens of the European Union by promoting the ability of end-users to access and distribute information or run applications and services of their choice”

Regulated „Wait-and-see” approach

 Interdiction of blocking  Allows prioritisation for money  Ambigious on zero-rating New Regulation is foreseen

 The BEREC and the European Commission are investigating the effects of OTT services  The aim is to create level playing filed Regulation of OTT services in the future?

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