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Christopher T. Marsden

2015 Guidelines clarifying application of its 2012 net neutrality law. 94 The four issues dealt with by the Netherlands regulator once its net neutrality law came into effect in 2013 have caused van Eijk to caution that ‘hard cases make bad laws’, including for zero rating: ‘the new net neutrality rules … led to a new subscription structure, with a substantially increased emphasis on data

in Network neutrality
Open Access (free)
From policy to law to regulation

This book explains the beginnings of net neutrality regulation in the United States and Europe, and some of the current debate over access to Specialised Services: fast lanes with higher Quality of Service (QoS). It examines the new European law of 2015 and the interaction between that law and interception/privacy. The book takes a deep dive into UK self- and co-regulation of net neutrality. In each of the national case studies, initial confusion at lack of clarity in net neutrality laws gave way to significant cases, particularly since 2014, which have given regulators the opportunity to clarify their legislation or regulation. The majority of such cases relate to mobile net neutrality, and in particular so-called 'zero rating' practices. The book compares results and proposes a regulatory toolkit for those jurisdictions that intend effective practical partial or complete implementation of net neutrality. It sets out a future research agenda for exploring implementation of regulation. The book outlines competition policy's purpose, referring to the exceptionally rigorous recent analysis of competition law suitability to regulate net neutrality by Maniadaki. Having analysed regulatory tools with little chance of success, it then examines what communications regulators actually do: regulating telecoms access based on the UK case study. The book considers whether zero rating poses a serious challenge to Open Internet use. It explores some of the wider international problems of regulating the newest manifestation of discrimination: zero rating. The book also considers the various means by which government can regulate net neutrality.

Christopher T. Marsden

gestation, on 27 October 2015 the net neutrality law was approved by the European Parliament. 22 As the new Regulation states, the safeguard of equal and non-discriminatory treatment of Internet traffic became urgent and necessary because ‘a significant number of end-users are affected by traffic management practices which block or slow down specific applications or services’. 23 Indeed, the spread of such discriminatory practices

in Network neutrality
Christopher T. Marsden

. Research into comparative net neutrality law in the Global South has recently been carried out by several NGOs and is well reported in the specialist media. 9 Odlyzko notes that the zero-rating debate exists in one Asian country, but does not explore this in depth, while Marsden discussed monthly caps before zero rating had become commonly identified. 10 Net neutrality dates to the 1990s, as does

in Network neutrality
Open Access (free)
Neutrality, discrimination and common carriage
Christopher T. Marsden

this book does offer to lawyers, other social scientists, policymakers and citizens is a state of the art analysis of how European net neutrality law and regulation has arrived at a liminal moment in 2016, when laws and regulations have been drafted, passed and taken effect, but little actual enforcement or implementation has taken place. As I explained in the Acknowledgements, this is the sum of

in Network neutrality
Open Access (free)
Christopher T. Marsden

beginning. Winston Churchill 2 Zero-rate friends and family; specialised-service your enemies After 20 years we have reached the point of no return: we have net neutrality law in Europe, and in many other countries. It has even been accepted as a principle of the United Nations, as I explore later in this chapter. It is

in Network neutrality
Christopher T. Marsden

chair Richard Hooper was always pleased to announce: ‘The term “Open Internet’ is one that the digital minister, Ed Vaizey and I agreed some years ago was a better term for the UK than the American term – net neutrality.’ 6 At the IGF 2015, the rest of the world was happy to debate net neutrality, with a European declaration proudly stating the net neutrality law that had just been voted through into

in Network neutrality
Towards Specialised Services?
Christopher T. Marsden

Almost two decades of multi-billion-dollar protocol development by the IAP community has resulted in the ability to control traffic coming onto their networks, especially via the 3GPP and Cisco work on MPLS (Multiprotocol Label Switching). 68 The most explicitly influential of these corporate-sponsored projects on net neutrality law was the ETICS project, which aimed to create a blueprint

in Network neutrality