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.

Towards Specialised Services?
Christopher T. Marsden

Network neutrality is only the latest phase of an eternal argument over control of communications media. This chapter focuses on three areas. The first is the 'zettaflood' of video over the Internet, the dominant form of consumer Internet traffic according to all reliable traffic measurement surveys. The second is the use of consumer Internet connections by many workers, especially in high-technology-associated industries - the 'consumer' is not easily separated from the homeworker. This is critical when considering that productivity growth in the struggling Western economies is enabled by information communication technology (ICT). The final element is Internet interconnection itself and Specialised Service (SpS) competition with Content Delivery Networks (CDNs). Before exploring why and how discrimination can affect users, it is important to slaughter the zettaflood myth: Internet data traffic is growing at historically low levels. The chapter discusses the minimum Universal Service Obligation (USO) to prevent 'dirt roads'.

in Network neutrality
Christopher T. Marsden

UK network neutrality policy is influenced both by its regulator, Ofcom, and its particular and unique network topology. In contrast to that historical commitment to an Open Internet, the UK pursued a Traffic Management Practices (TMP) Transparency Code 2011 and an Open Internet Code of Practice 2012. The chapter describes the slow progress towards a Code of Practice for greater transparency under the auspices of the government-industry partnership, Broadband Stakeholders Group (BSG). Internet Access Providers (IAPs) had been persuaded by Ofcom to sign a code of conduct on advertising broadband speed and congestion in 2008, though this was inadequate and was then replaced by the BSG Code from 2011-2013. The chapter includes in Ofcom's functions the 'desirability of promoting': purposes of public service television broadcasting; competition in relevant markets; and facilitating the development and use of effective forms of self-regulation.

in Network neutrality
Privacy, liability and interception
Christopher T. Marsden

Internet Access Providers (IAPs) have been acting as the fabled 'three wise monkeys' in relation to Internet content liability since the dawn of the commercial Internet. IAP practices have been highly deceptive in places, blocking content for specific anti-competitive and non-specific traffic management purposes. IAP routers can look inside a data packet to 'see' its content, via Deep Packet Inspection (DPI). This chapter aims to place interception in the regulatory context, to explore net neutrality as a form of 'medium law' as well as the policy implications of the Edward Snowden leaks and other recent developments. It deals with the British Telecom (BT) and Phorm experiments of 2006-2008, the UK government's encouragement of such illegal activities and the European Commission's responses that forced amendment to UK e-privacy law in 2012. The chapter assesses the evidence base for future privacy legislation affecting IAPs, and the European Commission (EC) 'Platform Regulation' consultation.

in Network neutrality
Laura Panizo

This article will investigate the process of confronting death in cases of the disappeared of the last military dictatorship in Argentina. Based on the exhumation and identification of the body of a disappeared person, the article will reflect on how the persons social situation can be reconfigured, causing structural changes within the family and other groups. This will be followed by a discussion of the reflections generated by the anthropologist during his or her interview process, as well as an investigation into the authors own experiences in the field. This intimate relationship between the anthropologist and death, through the inevitable contact that takes place among the bodies, causes resonances in the context both of exhumations and of identifications in the anthropologists wider fieldwork.

Human Remains and Violence: An Interdisciplinary Journal
Open Access (free)
Louise Corron, Jean-Marc Dreyfus, Alfredo Gonzalez Ruibal, Claudia Garrido-Varas and Clotilde Pégorier

Human Remains and Violence: An Interdisciplinary Journal
Open Access (free)
Pamela Colombo

Human Remains and Violence: An Interdisciplinary Journal
Jose López Mazz

This article will describe the contemporary scientific techniques used to excavate and identify the dead bodies of disappeared detainees from the Uruguayan dictatorship. It will highlight the developments that have led to increased success by forensic anthropologists and archaeologists in uncovering human remains, as well as their effects, both social and political, on promoting the right to the truth and mechanisms of transitional justice.

Human Remains and Violence: An Interdisciplinary Journal
Clara Duterme

Established during the Guatemalan Peace Process, the Oslo Accord contemplates the question of compensating the victims of internal armed conflict. Not only was this accord founded on the principles of victims rights, but it also intends to contribute to the democratic reconstruction of Guatemalan society through a process of recognition of victims status and memory – intended to have a reconciling function. The article focuses on the work of two organisations implementing the Oslo Accord and aims to analyse the discourses and practices of the local actors and their perception of the application of victims rights. Civil society actors and members of the National Compensation Programme demonstrate different approaches both in practical work and in representations of what is right. However, revendication of local cultural values is present in all actors discourse, revealing their ambiguous position in regard to state government.

Human Remains and Violence: An Interdisciplinary Journal
Anne Marie Losonczy

Since the early 1990s, armed actors have invaded territories in the Chocó and Antioquia departments of Colombia, inhabited by Afro-Colombians and Indians whose collective rights in these territories had recently been legally recognised. Based on long-term fieldwork among the Emberá Katío, this article examines social, cosmological and ritual alterations and re-organisation around violent death. Following a national policy of post-conflict reparations, public exhumations and identifications of human remains reveal new local modes of understanding and administration. In particular, suicide, hitherto completely unknown to the Emberá, broke out in a multitude of cases, mostly among the youth. Local discourse attributes this phenomenon to the number of stray corpses resulting from the violence, who are transformed into murderous spirits which shamans can no longer control. The analysis focusses on the unprecedented articulation of a renewed eschatology, the intricate effects of an internal political reorganisation and the simultaneous inroad into their space of new forms of armed insurrectional violence. Thus the article will shed light on the emergence of a new transitional moral economy of death among the Emberá.

Human Remains and Violence: An Interdisciplinary Journal