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Net Neutrality The debate in the US and in the EU Balázs BARTÓKI-GÖN CZY
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Forms of discrimination 1)Negative discrimination 2)Positive discrimination a)Prioritization for money (fast lanes) b)Positive price discrimination (zero rating)
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Negative discrimination source: nerdreactor.comsource: tribune.com.pk
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Positive discrimination: FAST LANES
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Positive discrimination: ZERO RATING source: concurrentmedia.com
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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
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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
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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
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2010 2014
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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.
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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”
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Regulated „Wait-and-see” approach
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Interdiction of blocking Allows prioritisation for money Ambigious on zero-rating New Regulation is foreseen
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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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Thank you for your attention! bartoki.gonczy.balazs@nmhh.hu
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