The EDRi papers

The EDRi papers NET NEUTRALNET ITY 2.0 NEUTRALITY 2.0

ACCESS DENIED: legislation has not been properly implemented in your country. EUROPEAN DIGITAL RIGHTS

What is Net Neutrality? 10 Reasons for Net Neutrality Myths & Truths PAGE 04 PAGE 10 PAGE 13

Net Neutrality means that every point on the network can connect to any other point on the network, without discrimination on the basis of origin, destination or type of data.

This principle is the central reason for the success of the internet. Net Neutrality is crucial for innovation, competition and for the free flow of information. Most importantly, Net Neutrality gives the internet its ability to generate new means of exercising civil rights such as the freedom of expression and the right to receive and impart information.

In this booklet, we will explain the principle of Net Neutrality, why it is important, why certain providers believe that they have an interest in violating it, and we will address common misconceptions. “Allowing broadband carriers to control what people see and do online would fundamentally undermine the principles that have made the internet such a success.”

- Vint Cerf, founding father of the internet

With financial support from CONTENTS

PAGE 01 WHAT IS NET NEUTRALITY? FREEDOM OF COMMUNICATION IN THE DIGITAL ERA PAGE 05 WHY IS NET NEUTRALITY VIOLATED? THE THREE MAIN REASONS PAGE 07 10 REASONS FOR NET NEUTRALITY

PAGE 10 MYTHS & TRUTHS

PAGE 13 THE SITUATION IN THE EUROPEAN UNION WAITING FOR NET NEUTRALITY PAGE 15 THE NETHERLANDS A CASE STUDY PAGE 17 10 WAYS TO SAFEGUARD NET NEUTRALITY

PAGE 19 GLOSSARY

Original booklet written by: The EDRi (European Digital Rights) network European Digital Rights Kirsten Fiedler and Joe McNamee, ex-colleagues is a dynamic collective of 44+ NGOs, 12 Rue Belliard experts, advocates and academics working 1040 Brussels at EDRi. to defend and advance digital rights across [email protected] With contributions by EDRi members. Europe. Edited and updated by: Jan Penfrat, Senior Policy Advisor Rafael Javier Hernández, Communications Intern Gail Rego, Senior Communications and Media Manager Design by: CtrlSPATIE WHAT IS NET NEUTRALITY?

fig 1: Open neutral access model

WHAT IS NET NEUTRALITY?

The internet is an interconnected different envelopes.01 The post and decentralised network office can send the pages by that links devices around different routes and, when they the globe. We can access are received, the envelopes can the internet via connections be removed and the pages put provided by our telecom (or back together in the right order. internet access) providers. When we connect to the internet, These access providers transmit each one of us becomes an the information that we send endpoint in this global network over the internet in the form of with the freedom to connect to so-called data “packets”. The any other endpoint, whether this way in which data is sent and is another person’s computer received on the internet can (“peer-to peer”), a website, an be compared to sending the application, an email system, pages of a book by post in lots of a video stream and so on. The

1 Net Neutrality WHAT IS NET NEUTRALITY?

success of the internet is based on Net Neutrality is most commonly two simple but crucial components defined as the principle that of its architecture: internet users can connect to any other point in the network, and that 1. Every connected device can they can create, access and use any connect to every other connected content, service and application device and they choose without discrimination. Everybody in whatever role, and 2. All services use the “internet all organisations of whatever Protocol,” which is sufficiently size and style, can participate flexible and simple to carry all globally. Everybody can access types of content (video, e-mail, services and to offer services. messaging etc). Telecom companies enable us to

01 EDRi booklet: How the internet works http://www.edri.org/files/2012EDRiPapers/ how_the_internet_works.pdf

Net Neutrality 2 fig 2: Non-neutral access model communicate, browse the web, or Why would your access provider transfer files over the internet to do such a thing? There are many make our own websites available reasons: for example, your access globally and to use services such provider might have signed an as e-mail, social media or internet exclusive agreement with Video telephony. When you want to Service B. Or the provider might watch a video online, for instance offer their own video services and you connect to the internet, open therefore want to encourage you your browser and navigate to the to use these instead of the service video service of your choice. This that you initially preferred. is possible because your access provider does not seek to restrict Such discriminatory measures your options. are often called “traffic management”. These are just Without Net Neutrality, however, two of the many reasons why you might find that your connection telecom providers might violate to Video Service A is being slowed Net Neutrality. We will explain down by your access provider in the most common reasons for a way that makes it impossible violations of Net Neutrality in the for you to watch the video. At the following chapter. same time, you would still be able to connect rapidly to competing Video Service B and maybe watch exactly the same content.

3 Net Neutrality “I don’t believe that restricting consumers’ choice can ever be an appealing driver of more growth. I certainly don’t believe that restricting access to the internet will attract many more innovative European internet companies. And I don’t believe that restricted access to the internet is the right answer to a faster deployment of Next Generation Access Networks.”

- Former European Commission Vice-President, Viviane Reding

“When I invented the web, I didn’t have to ask anyone for permission [...]. To reach its full potential, the internet must remain a permissionless space for creativity, innovation and free expression. Now imagine what would happen if internet service providers— usually a handful of big cable companies that control the connectivity market—were allowed to violate Net Neutrality. Their gatekeeping powers could be used to require businesses and individuals to pay a premium to ensure their content is delivered on equal terms— or even at all. This would create barriers that disadvantage small businesses and startups across all sectors that rely on the internet in any way.”

- Sir Timothy John Berners-Lee, inventor of the World Wide Web

Net Neutrality 4 WHY IS NET NEUTRALITY VIOLATED?

THE THREE MAIN REASONS

There are many reasons why services” (a.k.a. zero-rating) internet access providers do not Most of Europe’s internet access respect Net Neutrality. Here are providers now have special price the there most common reasons: plans for their customers that will not charge them for certain sites 1. Access providers violate Net and apps. This concept is known Neutrality to maximise profits as “zero-rating”. This means that users are not charged for some Some internet access providers data (i.e. it does not count against demand the right to block or slow their ) when using data down internet traffic for their own for a particular service. For commercial benefits. Internet example, the Belgian provider access providers are not only in Proximus allows customers to control of internet connections, surf without any charges when they are also moving towards using a number of specific providing content, services applications such as Pokémon and applications. They are Go, Spotify, Youtube or Deezer. increasingly looking for the power Although at first sight it may look to become the “gatekeepers” as though you get something of the internet. For example, for free, the reality is that your the Dutch telecoms access freedom of choice is restricted. provider KPN tried to make their customers use KPN’s own Zero-rating actually allows text messaging service instead internet access providers to of web-based chat services by influence the choice of their blocking these free services. customers regarding what Another notable example of applications and services they discrimination is T-Mobile’s can and cannot use. Instead of blocking of internet telephony simply selling internet access, services (Voice over IP, or VoIP providers increasingly want to in short), such as those provided sell customers selected online by Skype, in order to give priority content, applications and services to their own service and those of provided either by them or their their business partners. partners. Every competitor to a zero-rated service has a disadvantage, because users 2. Access providers violate Net have to pay extra to be able to Neutrality to offer you “free use their service. Zero-rating only helps big companies to 5 Net Neutrality WHY IS NET NEUTRALITY VIOLATED?

cement their market power and kill off their competition. Without (DPI) zero-rating, your internet access provider could be offering you Information that we send and more data volume that you could receive through the internet freely decide how to use. travels in so-called “packets”, with “envelopes” indicating sender and receiver. Unlike 3. Access providers violate Net normal network equipment, Neutrality to comply with the law DPI looks not just at the Governments are increasingly envelopes but verifies asking access providers to the packet contents. DPI restrict certain types of traffic, can be used to disrupt to filter and to monitor the or block certain packets internet in order to enforce the based on what they contain. law. A decade ago, there were Sometimes this is done for only four countries filtering and innocuous reasons such as censoring the internet worldwide fighting spam or computer – today, there are over forty. In viruses, but it is also used for Europe, website blocking has surveillance and censorship. been introduced for instance DPI makes it possible to in Belgium, France, Italy, the capture information from UK and Ireland. This is done for network traffic and analyse it reasons as varied as protecting in real time. national gambling monopolies and implementing demonstrably In Russia, for example, DPI ineffective efforts to protect solutions from hardware copyright holders. manufacturer Cisco are allegedly being used by the Some politicians call for Net government to block access Neutrality and demand filtering to certain websites. Cisco’s or blocking for law enforcement DPI tools are also being purposes at the same time. used by T-Mobile in Germany However, it is a paradox to create to analyse the data flowing legal incentives for operators through its mobile networks. to invest in monitoring, filtering and blocking technology, while at the same time demanding that they do not use this technology for their own business purposes.

Net Neutrality 6 10 REASONS FOR NET 10 10reasons reasonsfor

NET NEUTRALITYfor NET NEUTRALITY

No discrimination reason Free Expression reason – Net Neutrality is – The history the principle that of the internet all types of content clearly shows that 01 and all senders 02 Net Neutrality and recipients of encourages creative information are treated equally. expression. The ability to publish This principle upholds the right content and to express opinions to freedom of expression which online does not depend on includes the freedom to seek, financial or social status and receive and impart information is not restricted to an elite. and ideas of all kinds. Without There is a huge trend towards Net Neutrality, internet access people sharing information and providers would become experiences online, sometimes gatekeepers for the access to referred to as Web 2.0. This means content on the internet, with the that individuals, traditional news power to decide what we can sources and small and large and cannot read and write and businesses can all create content with whom we are allowed to that is available to everybody. Net communicate. Neutrality enables information

7 Net Neutrality to travel through the network general have the same conditions without being restricted or to access and publish information blocked, thereby enabling a as large, commercial internet vibrant digital environment full of players. Without Net Neutrality, ideas and innovation. we would have a two-tier internet where only those who can Privacy – Measures afford it would be able to access reason to undermine Net information at high speeds and Neutrality can have without restrictions. a direct impact 03 on our privacy. Democratic Process In a non-neutral reason – Net Neutrality internet, providers would be able improves the quality to monitor our communications of democracy by 10 in order to differentiate between 05 ensuring that the messaging, streaming, peer-to- internet remains an reasons peer (P2P), e-mails and so on. open forum in which all voices According to a recent study, some are treated equally. It ensures European access providers are that the ability to voice opinions already doing this through the use and place content online does for of Deep Packet Inspection (DPI) not depend on one’s financial for their commercial benefits capacity or social status. It is (see info box on Deep Packet therefore a powerful tool in NET NEUTRALITY Inspection). Once put in place, facilitating democracy, enabling it is likely that government and diverse ideas to be expressed intelligence agencies will want to and heard. use (and potentially abuse) this technology as well. Tool against reason censorship – Access to Without Net reason Information – Net Neutrality, network Neutrality is also 06 operators can block the catalyst for the or throttle not only 04 creation of diverse services, but also content. Such and abundant online powers would make political content. Non-profit projects movements such as the Arab such as , and blogs Spring or the demonstrations and user-generated content in for the freedom of Hong Kong

“The concept of Net Neutrality builds on the view that information on the internet should be transmitted impartially, without regard to content, destination or source. By looking into users’ internet communications, ISPs may breach the existing rules on the confidentiality of communications, which is a fundamental right that must be carefully preserved. A serious policy debate on Net Neutrality must make sure that users’ confidentiality of communications is effectively protected.” - European Data Protection Supervisor (EDPS) on Net Neutrality

Net Neutrality 8 much harder, if not impossible. might not be able to reach all of The freedom and openness their potential customers without of the internet is crucial to paying their internet provider for greater social change, more it. transparency and the free flow of critical information. Digital Single reason Market – Net Consumer choice Neutrality is a reason – Net Neutrality cornerstone for ensures access to 09 the completion of content and offers the Digital Single 07 greater consumer Market. It removes barriers choice by allowing and allows users to freely more players to enter the communicate, fully express marketplace. This means that themselves, access information the amount of online information and participate in public is vast and continuously growing, debate – without unnecessary leading to intellectual and interference by gatekeepers or cultural interaction that was middlemen. By contrast, a non- scarcely imaginable twenty neutral internet contributes to years ago. Without a neutral net, the fragmentation of the Digital access providers can prioritise Single Market. applications or services and create “walled gardens” in which Protecting a global consumer choice is limited. reason internet – As soon as internet access Innovation and providers start reason competition – Net 10 making use of traffic Neutrality continues discrimination to foster innovation, tools to interfere in global 08 as individuals and communications for their own companies alike commercial benefit, many create content and provide new governments will be tempted services with the whole online to use the same technology for world as their audience. Any public policy goals as well. In individual can upload content fact, Western governments are at a relatively low cost. An increasingly asking providers to unrestricted internet gives restrict certain types of traffic market access to small and and to filter and monitor the medium enterprises or start- internet to enforce the law. In ups that might not otherwise other parts of the world this has have a competitive edge against lead to “national internets”, such larger corporations. Without as the “Chinternet” in China and Net Neutrality, however, access the “halal” internet in Iran. The providers are allowed to restrict principle of Net Neutrality will access needed by innovators that help protect the global internet. seek to develop online services. Innovators would have a smaller and less predictable marketplace for their services and start-ups

9 Net Neutrality MYTHS & TRUTHS

Without Net Neutrality, end users Myth 1 could be left in a restricted, low quality slow internet, without Net Neutrality legislation isn’t even knowing about it or having necessary, since internet users remedy mechanisms to address can “vote with their feet” this issue. From lawmakers to industry representatives, many say that if a company restricts access Myth 2 to the internet, blocks websites or services, or suggests which Net Neutrality legislation would apps to use or not use, users mean no network management, can simply switch providers causing problems for the quality to those who offer access to of the internet the “full” internet. For years, however, European telecoms Telecoms operators have long operators have demonstrated argued that legislation protecting that without proper legislation Net Neutrality would prevent to guide them, they will always access providers from managing engage in a race to the bottom to their networks. However, the protect their short term financial Transmission Control Protocol interests. The open, unrestricted (TCP) that is at the core of internet internet cannot be left to the engineering has been one of the arbitrary dynamics of market greatest congestion management forces that are not concerned tools that has helped make the with the general interest of users. internet such a success. What For users, switching provider Net Neutrality would prevent sounds great but is often difficult is not traffic management but as they are typically tied into arbitrary restrictions by access lengthy contracts. Their ability to providers designed to undermine switch providers may also not be the openness of the internet as practically feasible. In addition, a short-term measure to make across Europe, and in rural extra profits. The first years of areas in particular, users don’t implementation of the EU Net always have options to choose Neutrality rules further confirm from as access to the internet that internet access providers is only offered by one provider. have been able to manage traffic

Net Neutrality 10 and congestion in their network in to invest in infrastructure and line with the rules without facing improve high speed broadband any major issues. penetration.

Myth 3 Myth 4 Net Neutrality is bad for the The development of 5G will be development of infrastructure – impossible if the EU keeps its Net who is going to pay? Neutrality rules In several statements and The availability of content is a manifestos, telecoms operators factor that stimulates broadband are threatening to withhold investment. Revenues from investing in next-generation broadband and mobile access are mobile networks such as 5G dependent on demand for web- unless regulators withdraw based content and applications. or water down rules for Net This has been empirically proven Neutrality, claiming technical through studies which found that incompatibility between the two. “the ability of consumers to access These statements are largely internet content, applications and unsubstantiated as mechanisms services is the reason consumers exist to deal with the objectives are willing to pay internet access and opportunities brought providers. Access providers by 5G such as low latency are dependent on this demand functionality and response to monetise their substantial to high connectivity demand investments. through standards that respect Net Neutrality. Furthermore, the Yet some internet access providers European guidelines provided argue that application and content by the regulator BEREC (Body providers “free ride” on network of European Regulators for investments made by others. Electronic Communications) This argument does not take outline how to operationalise into account that users already some of the techniques that may pay for content and applications, be used to develop 5G in line with which allows access providers EU Net Neutrality rules. to profit from their investment in networks. In addition, as new innovative services will develop in an environment where Net Myth 5 Neutrality and the “innovation without permission” principles are Allowing zero-rating will help guaranteed, the demand for faster promote broadband investment and better access to the internet will grow, generating more value Time and again, some access for internet access providers and providers have publicly expressed a stronger incentive to invest their will to charge content and in enhanced network capacity, application providers, through including 5G. This so-called so-called zero-rating agreements “virtuous circle” illustrates the – in addition to access charges long-term economic benefit for already paid by end-users. They companies argue that this will help their investment in next generation networks and their response 11 Net Neutrality to increasing demand for high have established norms for the volume services. This is both a protection of the open internet dangerous and counter-intuitive and, at the same time, technical approach. First, zero-rating is criteria to respond to the need for the opposite of Net Neutrality so-called specialised services. as it negates the principles that These are services that require all data on the internet should dedicated bandwidth to function be treated equally. This creates such as certain connected risks for people’s right to receive vehicles or e-health services. and impart information and will With such rules, the EU shows deter competition in the online that Net Neutrality and innovation environment. Telecom operators go hand in hand. thereby become gatekeepers for other markets by entering into agreements with specific content providers, giving them Myth 7 preferential access conditions to their user base. Also, zero-rating Net Neutrality is not a problem offers can only exist as long as in Europe, the law is not really mobile data caps are in place needed because it relies on scarcity. This Prior the adoption of the EU creates an incentive for access Net Neutrality rules, there was providers to maintain data caps overwhelming evidence that and may limit investment in next European access providers, generation networks. particularly in the mobile sector, were serving their own commercial interests by using technical measures to tamper Myth 6 with end-users’ ability to access the internet. Findings from The EU BEREC show that operators in prevents innovation Europe were restricting access Some have argued that Net to content and services (such Neutrality stifles innovation. as P2P websites or VoIP) and But the reality shows quite the degrading the quality of internet opposite in fact: a failure to connections before the existence enact Net Neutrality protections of the Net Neutrality rules. While will undermine the freedom of the situation has largely improved content and application providers since the adoption of the law, to do business. A non-neutral European users still experience framework for the internet would network discrimination practices hinder innovation in content, as such as port blocking. In addition, start-ups and smaller companies the public is faced with a growing could suddenly be faced with number of zero-rating offers barriers to enter the market – and trying to nudge them into a less uncertainty about what kind of free internet of “Walled Garden” new barriers may be created. Net services. This demonstrates the Neutrality protects everyone’s need to preserve Net Neutrality freedom to impart information, rules to avoid the spark of including the innovators and their discriminatory practices in the EU freedom to do business which and highlights the importance of is protected under the charter better and stronger enforcement of Fundamental Rights of the of the rules. EU. The EU Net Neutrality rules Net Neutrality 12 THE SITUATION IN THE EUROPEAN UNION

IF NET NEUTRALITY IS SO received, websites visited and BENEFICIAL, HOW IS IT files downloaded.” CURRENTLY BEING PROTECTED IN EUROPE? In May 2012, after a series of consultations, the Body The story of the fight for Net of European Regulators for Neutrality in Europe is a long Electronic Communications one… let’s start in 2010. When (BEREC) published findings Vice-President Neelie Kroes took regarding traffic management over as European Commissioner and other practices that led for the Digital Agenda in 2010, to restrictions on the open she stated that Net Neutrality internet in Europe. The data would be a central issue on her from the investigation revealed agenda and launched the first the mounting trend of providers public consultation. However, restricting access to services she moved away from this and applications. In 2012, the initial commitment, with one European Parliament therefore consultation after the other and demanded the end of the “wait did not undertake much action to and see” approach and called ensure Net Neutrality in Europe. “on the Commission to propose legislation.” In 2011, the European Data Protection Supervisor (EDPS), However, the EU Commission warned that violations of Net did not act until September Neutrality could have “serious 2013, just eight months before implications” for end-users’ the European elections, when fundamental rights to privacy it decided to propose quite the and data protection. The EDPS opposite of what BEREC and the stated that “certain inspection EDPS had recommended: the techniques used by ISPs may abolition of Net Neutrality. indeed be highly privacy- intrusive, especially when they During the first stage of the reveal the content of individuals’ legislative process, EDRi ran a internet communications, successful campaign to convince including e-mails sent or the European Parliament to

13 Net Neutrality THE SITUATION IN THE EUROPEAN UNION

support Net Neutrality. EDRi’s While civil society achieved a fairly member organisations launched good result, the Net Neutrality the “Save The Internet” campaign Regulation is somewhat vague portal which led to more than on four key points: specialised 40,000 faxes sent by citizens to services, zero rating, traffic their elected representatives in the management and congestion. EU Parliament. In April 2014, the These points are the missing Parliament adopted the package pieces that need to be clarified but, contrary to the expectations to fully achieve Net Neutrality of the EU Commission, decided protections. That’s why EDRi and in a landmark vote to protect Net its members continue to advocate Neutrality. Unfortunately, the for improvements. process did not end there. After a public consultation in The Member States (the Council 2016, to which almost half a of the EU) also have a say in the million citizens responded and legislative process. The text that demanded strong Net Neutrality, was subsequently negotiated BEREC adopted European and adopted in 2015 by the guidelines that clarify what the Parliament, the Council and the EU Net neutrality law actually EU Commission was dangerously means. The outcome of this vague and ambiguous. EDRi process is a legal framework campaigned vigorously to with robust and clear protections defend Net Neutrality in the for Net Neutrality which was European Union during the whole applauded across the world. procedure, including during the Since then, civil society has trilogue process (negotiations been fighting to ensure that the between the three institutions). National Regulatory Authorities While the final outcome was far in the Member States adequately from ideal, the result is still vastly enforce this Regulation Everyone better than all the destructive, should be able to enjoy the anti-competitive, anti-citizen, benefits of a neutral net. anti-innovation proposals that had been put forward by the Council and Commission.

Net Neutrality 14 THE NETHERLANDS: A CASE STUDY Contribution by Bits of Freedom

A CASE STUDY

On 8 May 2012, the Netherlands Consumers & Markets) initiated adopted legislation to safeguard an enforcement action against Net Neutrality. Long before its zero-rating service ‘Datavrije there was similar EU legislation, Muziek’ in 2016. This service the Netherlands was the first provides selected music country in Europe and the second streaming with preferential country in the world to enshrine treatment by not counting its the principle of Net Neutrality data usage towards a user’s data in law, including a categorical plan. Unfortunately, the Court of ban on zero-rating. The Dutch First Instance ruled in favour of rules were repealed after the T-Mobile’s challenge and struck EU Net Neutrality Regulation down the national provision entered into force but the banning zero-rating. In short, the Dutch legislator maintained the Court held that the EU Regulation provision prohibiting zero-rating. did not contain a categorical It argued that although the new ban on zero-rating and that EU Regulation banned zero- it supersedes any national rating in effect, it was ultimately legislation that covers the same unsatisfactory because it did subject matter. According to not contain any explicit ban. the Court, the EU Regulation’s This move clearly showed the prohibition of unequal treatment legislature’s commitment to of traffic is limited to the technical defend a strong protection of Net treatment of traffic. Commercial Neutrality. discrimination of traffic based on prices is, according to the However, the Dutch position Court, not covered by this norm. was immediately challenged Zero-rating was considered a by T-Mobile after the Dutch commercial practice which has regulator (the Authority for to be assessed on a case-by-case

15 Net Neutrality THE NETHERLANDS: A CASE STUDY

basis. The Court did not assess Freedom appealed this decision whether T-Mobile’s zero-rating but unfortunately the Court partly service limited the rights of end deferred to its previous judgment users. and also held that the rights of end users were not limited. EDRi’s Dutch member Bits of Freedom disagreed with this Both judgments demonstrate judgment and submitted an that the current interpretation enforcement request to the Dutch of the European Net Neutrality regulator to act against T-Mobile’s rules by the Dutch Court and service. Based on the Court regulator is a blow for strong Net ruling, the regulator changed its Neutrality rules and falls short of previous position and decided the protections that existed in the not to take any enforcement Netherlands before 2016. action. In March 2018, Bits of

“As much as anything else, the economic success of the internet comes from its architecture.”

- Lawrence Lessig, Harvard Law School Professor

Net Neutrality 16 10 WAYS TO SAFEGUARD NET NEUTRALITY

1 The internet must be kept neutral and open.

Accessibility between all endpoints connected to the 2 global internet must be upheld. No sub-internet offers should be allowed.

Traffic management should only be allowed as a narrowly 3 targeted deviation from the rule. It must be necessary, proportionate and legally required.

All data packages should have the same price, every type 4 of zero-rating, application-specific pricing or sponsored data should be prohibited.

Specialised Services are the exception to Net Neutrality. 5 They should be narrowly defined, not take capacity from the open internet, and only be allowed for applications or services that technically and objectively cannot function over the open internet.

In their contracts and advertisements, access providers 6 must indicate a guaranteed minimum, average and maximum speed and other quality characteristics.

17 Net Neutrality 10 WAYS TO SAFEGUARD NET NEUTRALITY

Users need to be provided with network measurement 7 tools to determine the real speed and quality of their connection. Consumer law should provide them with remedies against contracts that do not deliver what they pay for.

The use of Deep Packet Inspection (DPI) should remain 8 prohibited. Access providers are not allowed to treat traffic differently based on the content of our communications or obtain knowledge about user behaviour.

End-users should be offered easy tools to report 9 violations of the points above to an independent regulator. This regulator should have the necessary resources and competencies to enforce the above conditions. New products should always prompt regulatory assessments. Procedures should be swift and once violations are identified they must be stopped immediately. Regulators need to be transparent in their work, report regularly on their work and allow stakeholder participation.

Penalties for violations of Net Neutrality have to be 10 harmonised in the EU. The only financial sanctions that have a sufficiently dissuasive and proportionate effect on both small and big access providers are based on a percentage of the global revenue of a company.

Net Neutrality 18 GLOSSARY Best effort The internet operates on a “best effort” basis in contrast to the telecom world’s end-to-end voice circuit with a guaranteed (QoS). This is because data traffic is often short and bursty and the overhead involved in trying to reserve resources in advance for such traffic would often be wildly excessive. In addition, there are simply too many networks involved in the internet to allow all the direct contractual relationships that would be needed for generalised QoS. See also “Peering”. 5G The 5G technology is the fifth generation cellular network technology that provides mobile broadband access. It is built to provide faster mobile internet connections and offers advanced traffic management called “slicing”. 5G is planned to complement the currently fastest mobile network standard LTE/4G. DOCSIS DOCSIS is an international telecommunications standard that permits the addition of high-speed data transfer to an existing cable TV system. End-to-end principle The end-to-end principle is part of the internet’s core architecture and asserts that internet communications should be controlled at its endpoints rather than by intermediaries. The “transmission pipe” does not discriminate against the sender, recipient or content of the data transmitted over the network. Filtering The act of blocking specific packets of data when they travel through networks based on pre-defined criteria. Filtering can be used as a technique to implement security firewalls but also to censor communications. IP (Internet Protocol) IP is a communications standard that allows computers to send data packets to one another. IP is the basic communication technology of the internet. IP address An IP address is a numerical address that is assigned to every device connected to the internet (check our booklet “How the internet Works”). As household or business routers will often display just one public IP address for all of the people connected to it, the public IP address often only identifies a group of people rather than one specific individual. Internet access provider (IAP) Usually a company (rarely a non-profit organisation) that offers access to the internet, operates fixed or mobile infrastructure, or provides access to such infrastructure. Peering Many networks on the internet swap traffic with their

19 Net Neutrality peers without payment. This is a sophisticated response to a complex environment. Accounting and billing and even negotiating the contracts in the first place involves costs for any organisation. At its simplest, your access provider’s network is paid for by its subscribers. It may then buy bulk transit to access the rest of the internet. But if it can then simply swap traffic with its peers then this can be a win-win situation for all concerned. It would be illogical to pay your peer when they will just have to pay you back - and in addition you would both need to assume the costs of all the overheads of such an arrangement. Peer to peer (P2P) A decentralised system where the end-users (“peers”) are connected directly with each other via the internet. In P2P networks, no centralised servers are needed to exchange data between peers. Slicing 5G network slicing allows IAPs to provide portions of their networks for specific customers or uses cases. For example, an IAP could decide to allocate a given part of its network’s bandwidth to “smart home” appliances, connected cars, or data transfers of smart energy grids. Transmission Control Protocol (TCP) TCP is the protocol responsible for verifying the correct delivery of data and keeping track of data packets. TCP helps to detect transmission errors and to trigger re-transmission until the packets are correctly and completely received. TCP/IP architecture TCP and IP are the most common, as well as the oldest, standards for internet communication. As most transmissions of data across the internet take place using TCP on top of IP, the name TCP/IP has come to represent the complete collection of protocols used on the internet. These protocols define the rules that computers must follow in order to communicate with each other and send data to the intended destination. Traffic management IAPs have always applied mechanisms to control internet traffic flows to preserve the security of the network or to avoid congestion. If IAPs engage in supplementary practices (in addition to the existing congestion control by TCP/IP) to inspect and to differentiate traffic, this is often referred to as “traffic management”. VoIP (Voice over IP) VoIP is a set of data communications protocols and technologies to enable voice data to be sent over the internet or over separate IP-based networks. VoIP can be used to replace traditional non-digital telephone networks. Zero-rating The commercial practice of price discrimination by IAPs when providing access to specific application providers. For example, an IAP may offer access to individual applications or classes of applications without counting that access towards the user’s general data volume. Zero-rating creates incentives for users to favour zero-rated services over other services and thereby reinforces existing market power and monopolisation. Zero-rating is currently the most common Net Neutrality violation in Europe.

Net Neutrality 20 DON’T WANT YOUR INTERNET SERVICE PROVIDER TO SLOW DOWN YOUR FAVOURITE SERIES?

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