Net Neutrality: Chances and Challenges in the Information Age

Abstract

Traffic management on the internet might lead to discriminatory practices, in case network operators block or degrade online services that compete with their own services. Such practices jeopardize the open character of the internet and stifle competition on the net. In the EU, the European Commission acknowledged in 2009 its commitment in preserving the open and neutral character of the internet, and vowed to enshrine net neutrality as a policy objective and a regulatory principle. Consequently, Regulation 2015/2120 was adopted aiming to safeguard equal and non-discriminatory treatment of traffic on the provision of internet access services and related users’ rights. Providers of internet services are allowed, however, to apply reasonable traffic management in accordance with objectively justified technical requirements. The situation is different in the U.S., where the rules on net neutrality, that were adopted by the Federal Communications Commission in 2015, were repealed in December 2017. However, several U.S. states have introduced state legislation to ensure net neutrality, and this has been challenged before the courts. Contentious issues related to net neutrality appear additionally on the introduction of the 5G mobile network standard.