Net Neutrality Regulation 2015

Last updated

The Net Neutrality Regulation 2015 (No 2015/2120) is a Regulation in EU law where article 3(3) lays down measures concerning open internet access.

Contents

The regulation's text has been criticized as offering loopholes that can undermine the regulation's effectiveness. [1] Some European Union member countries, such as Slovenia and the Netherlands, have stronger net neutrality laws.

Regulation history

The 2002 regulatory framework for electronic communications networks and services in the European Union consisted of five directives, which are referred to as "the Framework Directive and the Specific Directives":[ citation needed ]

When the European Commission consulted on the updating of the Framework Directive and the Specific Directives in November 2007, it examined the possible need for legislation to mandate network neutrality, countering the potential damage, if any, caused by non-neutral broadband access. The European Commission stated that prioritisation "is generally considered to be beneficial for the market so long as users have choice to access the transmission capabilities and the services they want" and "consequently, the current EU rules allow operators to offer different services to different customers groups, but not allow those who are in a dominant position to discriminate in an anti-competitive manner between customers in similar circumstances". [2]

However, the European Commission highlighted that Europe's current legal framework cannot effectively prevent network operators from degrading their customers' services. Therefore, the European Commission proposed that it should be empowered to impose a minimum quality of services requirements. [3] In addition, an obligation of transparency was proposed to limit network operators' ability to set up restrictions on end-users' choice of lawful content and applications. [4]

On 19 December 2009, the so-called "Telecoms Package" came into force and EU member states were required to implement the Directive by May 2011. [5] [6] According to the European Commission the new transparency requirements in the Telecoms Package would mean that "consumers will be informed—even before signing a contract—about the nature of the service to which they are subscribing, including traffic management techniques and their impact on service quality, as well as any other limitations (such as bandwidth caps or available connection speed)". [6] Regulation (EC) No 1211/2009 of the European Parliament and of the Council of 25 November 2009 established the Body of European Regulators for Electronic Communications (BEREC) and the Office [7] Body of European Regulators of Electronic Communications. BEREC's main purpose is to promote cooperation between national regulatory authorities, ensuring a consistent application of the EU regulatory framework for electronic communications. [8]

The European Parliament voted the EU Commission's September 2013 proposal on its first reading in April 2014 and the Council adopted a mandate to negotiate in March 2015. Following the adoption of the Digital Single Market Strategy by the Commission on 6 May, Heads of State and Government agreed on the need to strengthen the EU telecoms single market. After 18 months of negotiations, the European Parliament, Council and Commission reached two agreements on the end to roaming charges and on the first EU-wide rules on net neutrality on 30 June 2015, [9] to be completed by an overhaul of EU telecoms rules in 2016. Specifically, article 3 of EU Regulation 2015/2120 [10] sets the basic framework for ensuring net neutrality across the entire European Union. However, the regulation's text has been criticized as offering loopholes that can undermine the regulation's effectiveness. [11]

National regulations

The EU has laid down a framework on net neutrality, but some of EU states have stronger laws nationally, or are discussing passing them. However Neelie Kroes, former European Commissioner for Digital Agenda, has asked "national legislators and regulators to wait for better evidence before regulating on an uncoordinated, country-by-country basis that slows down the creation of a Digital Single Market". [12]

Member StateSituationDetails
Flag of Belgium (civil).svg  Belgium Under discussionIn Belgium, net neutrality was discussed in the parliament in June 2011. Three parties (CD&V, N-VA & PS) jointly proposed a text to introduce the concept of net neutrality in the telecom law. [13]
Flag of France.svg  France Under discussionIn France, on 12 April 2011, the Commission for economic affairs of the French parliament approved the report of MP Laure de La Raudière (UMP). The report contains [14] 9 proposals. Propositions n°1 & 2 act on net neutrality.
Flag of Italy.svg  Italy Under discussionIn March 2009, the following bill was put forward: Proposta di legge dei senatori Vincenzo VITA (PD) e Luigi Vimercati (PD), "Neutralità Delle Reti, Free Software E Societa' Dell'informazione". [15]

Senator Vimercati in an interview said that he wants "to do something for the network neutrality" and that he was inspired by Lawrence Lessig, Professor at the Stanford Law School. Vimercati said that the topic is very hard, but in the article 3 there is a reference to the concept of neutrality regard the contents. It is also a problem of transparency and for the mobile connections: we need the minimum bandwidth to guarantee the service. We need some principle to defend the consumers. It's important that the consumer has been informed if he could not access all the Internet.

The bill refuses all the discrimination: related by the content, the service and the device. The bill is generally about Internet ("a statute for the Internet") and treat different topics like network neutrality, free software, giving an Internet access to everyone.

Flag of the Netherlands.svg  Netherlands
Law passed 2012

On June 4, 2012, the Netherlands became the first country in Europe and the second in the world, after Chile, to enact a network neutrality law. [16] [17] [18] The main provision of the law requires that "Providers of public electronic communication networks used to provide Internet access services as well as providers of Internet access services will not hinder or slow down services or applications on the Internet". [19]

Flag of Slovenia.svg  Slovenia Law passed 2012At the end of 2012, Slovenia legislated a law of electronic communication implementing a strong principle of net neutrality. [20] Slovenia thus became the second country in Europe to enact a net neutrality law. The Government Agency for Communications, Networks and Services (AKOS) is enforcing the law and executes inspections. In January 2015 it found zero-rating infringements at the two largest mobile network providers, Telekom and Simobil (now A1). [21] In February it found similar infringaments also at Amis [22] (now Simobil) and Tušmobil [23] (now Telemach). In July 2016 the Administrative Court of the Republic of Slovenia annulled the decisions of AKOS. [24]

Potential violations

In 2007, the British ISP Plusnet was using deep packet inspection to implement limits and differential charges for peer-to-peer, file transfer protocol, and online game traffic. [25] However, their network management philosophy was made clear for each package they sold, and was consistent between different websites. [26]

In 2017, Germany mobile network operators like Deutsche Telekom and Vodafone were offering services that seemed to affect net neutrality. The government agency overseeing the market (Bundesnetzagentur) stated, in general these plans are in alignment with net neutrality but forced the companies to adopt some changes. [27] [28]

Criticism

European net neutrality law has been criticised for leaving too many loopholes to be exploited, as amendments to close them failed to gain enough support across the European Parliament. Some loopholes include the ability to offer priority to "specialised services", provided they still treat the "open" internet equally. Such services included remote surgery, driverless cars and anti-terrorism efforts. The law does say that these services cannot be offered if they restrict bandwidth for normal users. Another exemption is giving websites a "Zero-rating", not counting a website against a user's data limits, giving an advantage to those sites when being viewed via a metered connection. [1] [29]

See also

Related Research Articles

<span class="mw-page-title-main">Waste Electrical and Electronic Equipment Directive</span> European Union recycling directive

The Waste Electrical and Electronic Equipment Directive is a European Community Directive, numbered 2012/19/EU, concerned with waste electrical and electronic equipment (WEEE). Together with the RoHS Directive 2011/65/EU, it became European Law in February 2003. The WEEE Directive set collection, recycling and recovery targets for all types of electrical goods, with a minimum rate of 4 kilograms (9 lb) per head of population per annum recovered for recycling by 2009. The RoHS Directive set restrictions upon European manufacturers as to the material content of new electronic equipment placed on the market.

The Committee on Industry, Research and Energy (ITRE) is a committee of the European Parliament. Its areas of responsibility relate to industry, especially technology-intensive manufacturing, information technology, and telecommunications. It also coordinates European space policy and therefore has ties with the European Space Agency. It has oversight duties in relation to the Joint Research Centre and the Institute for Reference Materials and Measurements, as well as similar projects. In the past, the ITRE committee also dealt with transport matters. However this policy field has been transferred over to a dedicated Parliament's Committee on Transport and Tourism.

<span class="mw-page-title-main">Markets in Financial Instruments Directive 2014</span> European Union law

Markets in Financial Instruments Directive 2014 commonly known as MiFID 2, is a legal act of the European Union. Together with Regulation (EU) No 600/2014 it provides a legal framework for securities markets, investment intermediaries, and trading venues. The directive provides harmonised regulation for investment services of the member states of the European Economic Area — the EU member states plus Iceland, Norway, and Liechtenstein. Its main objectives are to increase competition and investor protection, and level the playing field for market participants in investment services. It repeals Directive 2004/39/EC.

Government procurement or public procurement is undertaken by the public authorities of the European Union (EU) and its member states in order to award contracts for public works and for the purchase of goods and services in accordance with principles derived from the Treaties of the European Union. Such procurement represents 14% of EU GDP as of 2017, and has been the subject of increasing European regulation since the 1970s because of its importance to the European single market.

<span class="mw-page-title-main">Roaming Regulation 2022</span> Overview of roaming regulations in the European Union

The Roaming Regulation 2022 bans roaming charges (Eurotariff) within the European Economic Area (EEA), which consists of the member states of the European Union, Iceland, Liechtenstein and Norway. This regulates both the charges mobile network operator can impose on its subscribers for using telephone and data services outside of the network's member state, and the wholesale rates networks can charge each other to allow their subscribers access to each other's networks. The 2012 Regulation was recast in 2022.

Worldwide, legislation concerning the effect and validity of electronic signatures, including, but not limited to, cryptographic digital signatures, includes:

<span class="mw-page-title-main">European Competitive Telecommunications Association</span>

Established in 1998, ECTA is the leading pan-European telecoms association promoting market liberalisation and competition in the European communications sector, fostering ‘competition and open access’ and developing policy by representing ‘new entrant’ interests to European institutions and Government bodies. ECTA seeks to create confidence for investors through clear and consistent regulation to unlock the growth potential of Europe’s businesses.

<span class="mw-page-title-main">Electronic Commerce Directive 2000</span> Directive of the European Parliament

The Electronic Commerce Directive in EU law sets up an Internal Market framework for online services. Its aim is to remove obstacles to cross-border online services in the EU internal market and provide legal certainty for businesses and consumers. It establishes harmonized rules on issues such as the transparency and information requirements for online service providers; commercial communications; and electronic contracts and limitations of liability of intermediary service providers. Finally, the Directive encourages the drawing up of voluntary codes of conduct and includes articles to enhance cooperation between Member States.

The Revised Payment Services Directive is an EU Directive, administered by the European Commission to regulate payment services and payment service providers throughout the European Union (EU) and European Economic Area (EEA). The PSD's purpose was to increase pan-European competition and participation in the payments industry also from non-banks, and to provide for a level playing field by harmonizing consumer protection and the rights and obligations for payment providers and users. The key objectives of the PSD2 directive are creating a more integrated European payments market, making payments more secure and protecting consumers.

<span class="mw-page-title-main">Data Retention Directive</span> European Union directive on storing telephony communications

The Data Retention Directive, a directive, later declared invalid by the European Court of Justice, was at first passed on 15 March 2006 and regulated data retention, where data has been generated or processed in connection with the provision of publicly available electronic communications services or of public communications networks. It amended the Directive on Privacy and Electronic Communications. According to the Data Retention Directive, EU member states had to store information on all citizens' telecommunications data for a minimum of six months and at most twenty-four months, to be delivered on demand to police authorities.

The Telecoms Package was the review of the European Union Telecommunications Framework from 2007 – 2009. The objective of the review was to update the EU Telecoms Framework of 2002 and to create a common set of regulations for the telecoms industry across all 27 EU member states. The review consisted of a package of directives addressing the regulation of service provision, access, interconnection, users' contractual rights and users' privacy, as well as a regulation creating a new European regulatory body (BEREC).

<span class="mw-page-title-main">Agency for Support for BEREC</span>

The Body of European Regulators for Electronic Communications, based in Riga (Latvia), is the regulating agency of the telecommunication market in the European Union. It was created by the Telecoms Package which was passed in September 2009.

On June 4, 2012, the Netherlands became the first country in Europe and the second in the world, after Chile, to enact a network neutrality law. The main net neutrality provision of this law requires that "Providers of public electronic communication networks used to provide Internet access services as well as providers of Internet access services will not hinder or slow down services or applications on the Internet".

<span class="mw-page-title-main">Electronic Signatures Directive</span> EU directive

The Electronic Signatures Directive 1999/93/EC was a European Union directive on the use of electronic signatures (e-signatures) in electronic contracts within the European Union (EU).

<span class="mw-page-title-main">Digital Single Market</span>

On 6 May 2015, the European Commission, led at the time by Jean-Claude Juncker, communicated the Digital Single Market strategy which intends to remove virtual borders, boost digital connectivity, and make it easier for consumers to access cross-border online content. The Digital Single Market, which is one of the European Commission's 10 political priorities, aims to fit the EU's single market for the digital age – moving from 28 national digital markets to a single one and then to open up digital services to all citizens and strengthen business competitiveness in the digital economy. In other words, the Digital Single Market is a market characterized by ensuring the free movement of people, services and capital and allowing individuals and businesses to seamlessly access and engage in online activities irrespective of their nationality or place of residence. Fair competition conditions and a high level of protection of personal and consumer data are applied.

eIDAS EU electronic identification regulation

eIDAS is an EU regulation on electronic identification and trust services for electronic transactions in the European Single Market. It was established in EU Regulation 910/2014 of 23 July 2014 on electronic identification and repeals 1999/93/EC from 13 December 1999.

Net neutrality is the principle that governments should mandate Internet service providers to treat all data on the Internet the same, and not discriminate or charge differently by user, content, website, platform, application, type of attached equipment, or method of communication. For instance, under these principles, internet service providers are unable to intentionally block, slow down or charge money for specific websites and online content.

The Electronic Communications Code Directive is a directive in EU law, which regulates electronic communications networks and services.

The internet in the European Union is built through the infrastructure of member states, and regulated by EU law for data privacy, and a free and open media.

References

  1. 1 2 Hern, Alex (27 October 2015). "EU net neutrality laws fatally undermined by loopholes, critics say". The Guardian. Archived from the original on 13 February 2016. Retrieved 16 February 2016.
  2. ↑ European Commission (13 November 2007). "Impact Assessment on the proposals to amend the European regulatory framework (Working Document – SEC(2007) 1472)" (PDF). p. 91. Retrieved 26 December 2008.
  3. ↑ "Article 22 of the proposed Universal Service Directive" (PDF). Digital Agenda for Europe. Retrieved 14 September 2014.
  4. ↑ "Article 20(5) of the proposed Universal Service Directive" (PDF). Digital Agenda for Europe. Retrieved 14 September 2014.
  5. ↑ "Eur-Lex.Europa.eu" . Retrieved 23 June 2011.
  6. 1 2 Meyer, David (7 May 2009). "Europe Votes Sweeping Telecom Reform". Bloomberg BusinessWeek. Retrieved 23 June 2011.
  7. ↑ "Eur-Les.Europa.eu" . Retrieved 23 June 2011.
  8. ↑ "Eur-Lex.Europa.eu" . Retrieved 23 June 2011.
  9. ↑ "Roaming charges and open Internet: questions and answers". European Commission. 30 June 2015.
  10. ↑ European Parliament and the Council of the European Union (25 November 2015). "Regulation (EU) 2015/2120 of the European Parliament and of the Council of 25 November 2015 laying down measures concerning open internet access and amending Directive 2002/22/EC on universal service and users' rights relating to electronic communications networks and services and Regulation (EU) No 531/2012 on roaming on public mobile communications networks within the Union" (HTML). Retrieved 16 February 2016.
  11. ↑ Hern, Alex (27 October 2015). "EU net neutrality laws fatally undermined by loopholes, critics say". The Guardian. Retrieved 16 February 2016.
  12. ↑ Kroes, Neelie (29 May 2012). "Next steps on Net Neutrality - making sure you get champagne service if that's what you're paying for". European Commission.
  13. ↑ proposition 53 1467/002 dekamer.be, 27 August 2011
  14. ↑ rapport de La Raudière asseblee-nationale.fr, 27 August 2011
  15. ↑ "PI: Ci vuole una legge per la Rete". Punto-informatico.it. 7 February 1996. Retrieved 23 June 2011.
  16. ↑ "Wet van 10 mei 2012 tot wijziging van de Telecommunicatiewet ter implementatie van de herziene telecommunicatierichtlijnen" [Act of 10 May 2012 for the amendment of the Telecomminications Act for the implementation of the revised telecommunications directives]. Staatsblad van Het Koninkrijk der Nederlanden (in Dutch). 2012 (235). 4 June 2012. Archived from the original on 13 April 2014. Retrieved 10 February 2014.
  17. ↑ "Net neutrality enshrined in Dutch law" Archived 30 September 2013 at the Wayback Machine . The Guardian (London). Associated Press. 23 June 2011. Retrieved 3 April 2014.
  18. ↑ "The Netherlands Passes Net Neutrality Legislation". Electronic Frontier Foundation. 21 May 2012. Archived from the original on 14 October 2013. Retrieved 10 February 2014.
  19. ↑ "wetten.nl - Wet- en regelgeving - Telecommunicatiewet - BWBR0009950" [wetten.nl - Laws and policies - Telecommunications Act - BWBR0009950] (in Dutch). Article 7.4a. Archived from the original on 15 March 2015. Retrieved 10 February 2014.
  20. ↑ "Uradni list Republike Slovenije". www.uradni-list.si. Archived from the original on 6 October 2015. Retrieved 10 October 2015.
  21. ↑ "AKOS: Telekom Slovenije in Simobil kršila nevtralnost interneta @ Slo-Tech". slo-tech.com. Archived from the original on 4 March 2016. Retrieved 14 January 2016.
  22. ↑ "AKOS's decision no. 06101-1412/2014/4 of 20 February 2014". akos-rs.si. Archived from the original on 18 September 2016. Retrieved 19 July 2016.
  23. ↑ "AKOS's decision no. 06101-1413/2014/4 of 20 February 2014". akos-rs.si. Archived from the original on 18 September 2016. Retrieved 19 July 2016.
  24. ↑ "Slovenia strikes down ban on zero rating, upholds rule of law". techpolicydaily.com. American Enterprise Institute. Archived from the original on 2016-10-12. Retrieved 2016-07-20.
  25. ↑ Anderson, Nate (25 July 2007). "Deep packet inspection meets 'Net neutrality, CALEA". Ars Technica. Archived from the original on 19 April 2011. Retrieved 23 June 2011.
  26. ↑ "Broadband All about traffic management". PlusNet. Archived from the original on 29 November 2014.
  27. ↑ "Behörde verlangt: Telekom muss "Stream On"-Tarif verändern". 15 December 2017 – via www.faz.net.
  28. ↑ Hauck, Mirjam; Martin-Jung, Helmut (17 December 2017). "Auch in Deutschland ist die Netzneutralität durchlöchert" – via Sueddeutsche.de.
  29. ↑
This page is based on this Wikipedia article
Text is available under the CC BY-SA 4.0 license; additional terms may apply.
Images, videos and audio are available under their respective licenses.