Downloaded 23 times
![Why ‘miraculous’ speed increase?
Bandwidth provisioning;
Fibre capacities reaching Pbps transfer on Internet 2 & NTT tests
Fibre is sand-water; much cheaper than copper to maintain
Microprocessors (Moore’s Law)
Double transistors in 2 years; 200 times better in 15 years
Gordon (2015) “I see Moore’s law dying here in the next decade or so”
Digital storage capacity (Kryder’s Rate)
about 15% per year.
1000 times better in 15 years 1994-2009 (anomaly)
Network effects (Metcalfe’s Law);
Or more specifically adaptation to humans n x log[n]
Note: may not continue forever
https://royalsociety.org/events/2015/05/communication-networks-sm/](https://image.slidesharecdn.com/marsdenlse11092016-161114190224/75/Net-neutrality-9-11-2016-LSE-15-2048.jpg)
![Country Legislation/ regulation Published Date Enforced
Norway Guidelines[7] 24/2/2009[8]
Zero rating declaration
by NKOM of 2014
Costa Rica
Sala Constitucional De La Corte
Suprema De Justicia[9]
13/7/2010
2010 by Supreme Court
precedent
Chile Law 20.453[10] 18/8/2010
Decree 368,
15/12/2010[11]
Netherlands Telecoms Act 2012[12] 7/6/2012
2014 and Guidelines
15/5/2015[13]
Slovenia
Law on Electronic
Communications 2012[14]
20/12/2012
Zero rating 2015
Finland
Information Society Code
(917/2014)[15]
17/9/2014 2014
India Regulations (No.2 of 2016) 8/2/2016
August: 6 months after
Gazette publication date
Brazil Law No. 12.965 23/4/2014
Consultation 2015-16, no
implementation[16] 11/14/2016
Notable laws or regulation](https://image.slidesharecdn.com/marsdenlse11092016-161114190224/75/Net-neutrality-9-11-2016-LSE-30-2048.jpg)
![[EDRi evidence to BEREC]
right to receive, seek and impart information (Article 11)
the freedom to conduct business (Article 16)
right to provide services in all 28 Member States (Article 15.2)
Traffic management must be application-agnostic:
class-based traffic management prevents the roll-out of new
services, harm competition, innovation, privacy, users
congestion affects end-users’ choice if not properly managed
“The Regulation must be read in light
of the Charter of Fundamental Rights”
11/14/2016](https://image.slidesharecdn.com/marsdenlse11092016-161114190224/75/Net-neutrality-9-11-2016-LSE-42-2048.jpg)
Uploaded byChris Marsden
Net neutrality 9/11 2016 LSE
This document discusses net neutrality regulation and its implementation. It covers: 1) The EU Regulation 2015/2120 on net neutrality and the guidelines issued by BEREC in August 2016 to implement the regulation. The success of the guidelines depends on actions by various national regulators. 2) Current issues around implementing net neutrality including debates around zero rating and how to classify "specialized services." Regulators will focus on these issues. 3) Potential areas of future research on privacy, surveillance, and how net neutrality is implemented in various countries and regions around the world. Privacy issues are closely related to net neutrality.
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Net neutrality 9/11 2016 LSE
- 1. Net Neutrality law:NOT business as usual Prof Chris Marsden University of Sussex @ChrisTMarsden www.chrismarsden.blogspot.com 11/14/2016
- 2. regulation, enforcementand implementation, focussing on EU Regulation 2015/2120 and the Guidelines issued by BEREC on 30 August 2016. success of the Guidelines is dependent on actions of 28 national regulators 9 observer regulators (one of whom actually wrote the majority of the Guidelines). comparison with other parts of the world 11/14/2016 Past, present and future of net neutrality
- 3.
- 4. We canbegin from principles of Human rights Network architecture (Network) Economic principles Developed within telecoms law and regulation frameworks In practice, telecoms regulators adopt, change and use these principles within their frameworks (nice systems theory doctorate on perturbation awaiting?) 11/14/2016 Theory of net neutrality circles back to telecom regulation
- 5. 11/14/2016 Bur it’s reallywho gets what where: Proximus Belgium example
- 6.
- 7. Nothing in regulationis new 11/14/2016
- 8.
- 10. Regulatory Toolkit: whichmix of economics, engineering, behavioural & evolutionary neuroscience (‘nudges’ & groups), human rights law? 11/14/2016
- 11. The Internet: foreveryone 11/14/2016
- 13. IoT relieson stable connections Cloud relies on stable connections Big Data apps rely on stable connections New Services? That 4th Industrial Revolution (sic) thing? 11/14/2016
- 15. Why ‘miraculous’ speedincrease? Bandwidth provisioning; Fibre capacities reaching Pbps transfer on Internet 2 & NTT tests Fibre is sand-water; much cheaper than copper to maintain Microprocessors (Moore’s Law) Double transistors in 2 years; 200 times better in 15 years Gordon (2015) “I see Moore’s law dying here in the next decade or so” Digital storage capacity (Kryder’s Rate) about 15% per year. 1000 times better in 15 years 1994-2009 (anomaly) Network effects (Metcalfe’s Law); Or more specifically adaptation to humans n x log[n] Note: may not continue forever https://royalsociety.org/events/2015/05/communication-networks-sm/
- 16. NO ‘explosion’ inIP traffic ~20%
- 17. But mobile isgrowing fast!? 1oEB to 15EB is 50% growth 1ZB to 1.1ZB is 10% growth But 0.1ZB is still 50x greater than 2EB… This is hard for qualitative social scientists such as lawyers (me) and politicians to understand…. 1,000,000,000,000,000,000,000 bytes is one zettabyte. Conclusion: mobile is growing, wifi is growing, but there is no explosion!
- 18. Cost-growth same since2002 Which is (more or less) why Internet access + phone line costs £25/€30 for basic service It used to be £10 phone line and £15 broadband Now costed as £18 phone line and £12 ADSL (UK) Of course voters have to rent the ‘phone line’
- 19. Competition and oldtechnology determines basic service 1Mbps, 10Mbps, 100Mbps or 1Gbps simply the speeds of different access technologies 1Mbps ADSL (old school) 10Mbps ADSL2 100Mbps VDSL (short line) 1Gbps (DPCSIS3 or fibre to home)
- 20. No miracles inengineering But it sounds good! 100% growth not 1% GDP/inflation growth “We’ve doubled your ‘superfast’ line speed!” Means…. “We put a new box in the local telephone exchange” Then “we doubled it again!” Means… “We put a new box in the roadside cabinet”
- 21. By Region (TBper Month) North America 557,237 831,457 1,199,309 1,700,159 2,327,596 3,208,203 42% Western Europe 432,322 707,537 1,045,171 1,477,156 2,060,788 2,795,362 45% Asia Pacific 1,578,865 2,676,873 4,422,785 6,725,446 9,771,677 13,712,874 54% Latin America 276,416 447,991 714,540 1,065,744 1,521,312 2,091,703 50% Central and Eastern Europe 545,750 946,263 1,510,630 2,242,669 3,249,449 4,442,281 52% Middle East and Africa 294,476 569,895 1,038,661 1,723,221 2,777,550 4,313,794 71% Cisco VNI Mobile Forecast to 2020 11/14/2016
- 28.
- 29. SCRIPTed: AJournal of Law, Technology & Society Volume 13, Issue 1, May 2016 https://script-ed.org/article/comparative-case-studies-in- implementing-net-neutrality-a-critical-analysis-of-zero-rating/ 11/14/2016 Comparative Case Studies in Implementing Net Neutrality: A Critical Analysis of Zero Rating
- 30. Country Legislation/ regulationPublished Date Enforced Norway Guidelines[7] 24/2/2009[8] Zero rating declaration by NKOM of 2014 Costa Rica Sala Constitucional De La Corte Suprema De Justicia[9] 13/7/2010 2010 by Supreme Court precedent Chile Law 20.453[10] 18/8/2010 Decree 368, 15/12/2010[11] Netherlands Telecoms Act 2012[12] 7/6/2012 2014 and Guidelines 15/5/2015[13] Slovenia Law on Electronic Communications 2012[14] 20/12/2012 Zero rating 2015 Finland Information Society Code (917/2014)[15] 17/9/2014 2014 India Regulations (No.2 of 2016) 8/2/2016 August: 6 months after Gazette publication date Brazil Law No. 12.965 23/4/2014 Consultation 2015-16, no implementation[16] 11/14/2016 Notable laws or regulation
- 31. Brazil followsIndia, bans zero rating 11 May http://chrismarsden.blogspot.co.uk/2016/05/brazil-bans-zero- rating-fudges.html DECRETO Nº 8.771, DE 11 DE MAIO DE 2016 Regulamenta a Lei no 12.965, de 23 de abril de 2014, para tratar das hipóteses admitidas de discriminação de pacotes de dados na internet e de degradação de tráfego, indicar procedimentos para guarda e proteção de dados por provedores de conexão e de aplicações, apontar medidas de transparência na requisição de dados cadastrais pela administração pública e estabelecer parâmetros para fiscalização e apuração de infrações. 11/14/2016 Brazil, India, Chile
- 33. Astroturfed zero rating?TRAI refused to admit FBK poll on FreeBasics 11/14/2016
- 34. “4million peopleparticipated in FCC consultation In India, there were over one million people, arguably greatest direct democratic participation movements in history, for an internet issue . BEREC consultation finishes after twenty days making it the shortest of the three.” https://translate.google.co.uk/translate?sl=auto&tl=en&js=y&prev=_t&hl= en&ie=UTF- 8&u=https%3A%2F%2Fsiteproxy.ruqli.workers.dev%3A443%2Fhttps%2Fnetzpolitik.org%2F2016%2Fnetzneutralitaet-wie-es- jetzt-weiter-geht%2F&edit-text=&act=url Students on holiday in July – good timing? Or millions…? 11/14/2016
- 35. Mobile roaminginternationally Potential abolition of charges by 2018 ‘Open Internet’ (not net neutrality) Some protection from throttling Both came into force 1st May 2016 Latter subject to BEREC Guidelines to be issued by 30 August 2016 11/14/2016 EU Regulation 2015/2120
- 36. Details of theRegulation 7 relevant pages with Articles 3-7 19 Recitals: PECP/PIAS TMM v CAS Interesting definitions! “Strict interpretation and to proportionality requirements” (Recital 11) Four issue areas for BEREC Transparency and evidence Recital 19, Article 4 in force! Zero rating Recital 7 ‘material effect’ Specialised services Recitals 16-17, Art.3(5) Enforcement of TMP/Privacy Recital 18, Art.3(4), Art.5/6 11/14/2016
- 37. Test is notFRAND but RTNDP FRAND Fair Reasonable and Non-Discriminatory Settled case law and regulatory practice for this approach RTNDP Reasonable Transparent Non-Discriminatory Proportionate Not entirely clear where this standard lies? Case law of CJEU needed? That would delay us years 11/14/2016
- 38. Recital 10, 33-35– date incorrect on EDPS opinion (14/11/2013) e.g. DPI motivated Dutch law: KPN investor call in May 2011 PHORM returns? 2006-7 illegal interception UK See my 2014 report for government of Korea on exactly this Italy and UK 3 ad-blocking an example? http://www.bbc.co.uk/news/technology-35615430 “Customers should not have to pay data charges because of adverts mobile ads should not access handset data without explicit consent, owners should only see advertising that is relevant, interesting to them rather than obtrusive and untargeted information” Specific content monitoring could be interpreted as prohibited by the Regulation 11/14/2016
- 39. Relationship nationally& EU level with BEREC members Enforced by DPA, evidence gathered by comms regulator? Note emerging US FTC-FCC re. Title II data collection http://www.theverge.com/2016/2/16/11017934/net- neutrality-data-collection-fcc-title-ii Is privacy enforcement by the Article29 Working Group? 11/14/2016
- 40. Self- andco-regulatory solutions need explicit legal act New legislation required in a few extraordinary nations assuming all stay in the EU/EEA that long…. UK position on government- mandated or “encouraged” opt-ins 11/14/2016
- 41. BEREC work toAugust 2016 11/14/2016
- 42. [EDRi evidence toBEREC] right to receive, seek and impart information (Article 11) the freedom to conduct business (Article 16) right to provide services in all 28 Member States (Article 15.2) Traffic management must be application-agnostic: class-based traffic management prevents the roll-out of new services, harm competition, innovation, privacy, users congestion affects end-users’ choice if not properly managed “The Regulation must be read in light of the Charter of Fundamental Rights” 11/14/2016
- 43. Telekom’s Hottges’start-up tax announcement right after adoption of net neutrality rules What will BEREC decide, as FRAND solution apparently off the table? FRAND would have been easier for you? Or physical/logical separation? DOCSIS3 issue Regulators must not allow the reclassification of online services and applications as “specialised services” 11/14/2016
- 46. Leads touncompetitive market consolidation between IAPs & Content Application Providers EU protectionism vs US OTTs? ETNO v. BEREC? BEREC, NRAs and competition authorities should stop IAPs making access to their customer base a new form of monopoly 11/14/2016
- 47.
- 48. affects individualusers’ freedom to impart information; a commercial practice; violates the Regulation’s ban on blocking and throttling; TMM would not be temporary, as required by Regulation; distorts competition and limits end-users’ choice. Is it reasonable to interpret that zero- rating is prohibited? 11/14/2016
- 49. Free football Sloveniaexample (Ungerer warning 1999) 11/14/2016
- 50. The Register Accuses me (with Stanford Law Prof Barbara van Schewick) of being a ‘slackacademic’ ‘charlatan’ Beware of trolls! 11/14/2016 Virgin Media LTE 4G offer
- 51.
- 52. Zero rating onlyused outside EU? 11/14/2016
- 53. Costs vary enormouslyalong with zero rating to exclude OTTs 11/14/2016
- 55. Telecoms regulatorswill focus on zero rating & net neutrality There is a privacy issue that is omnipresent Monitoring traffic at network level I have written at length about this elsewhere: Particularly Phorm/BT secret trials in 2006/7 Snowden revealed Vodafone/BT cable interception PRISM programme of GCHQ/National Security Agency Later violations in developing countries Finfisher software sold by UK defence contractor Hacking Team ‘assistance’ to LatAm governments 11/14/2016 Net neutrality and censorship
- 56.
- 57. Focus ondeveloping countries India, Brazil, Mexico, Russia Mobile/Wifi as central network/access points Privacy as right infringed, more than free speech Vital economic importance of expat VPN/VOIP ‘Remittance societies’ – inc. Bangladesh, Philippines, Pakistan, Sri Lanka Very good work by LIRNE Asia, Ewan Sutherland and others 11/14/2016 Further research into privacy, surveillance & net neutrality
- 58. Net neutralityimplementation EU/EEA/Brexit UK USA & Canada, BRICs & Mexico Openness and mandated interoperability Social network ‘platform’ regulation Privacy of data transfer/personal data stores Co-regulation & NGO/civil society debate NN produced 4m US/2m India/500k EU responses Regulating Code Part II ‘Regulating Platforms’? 11/14/2016 My future work
- 59. Net Neutrality: Discrimination, Competition,and Innovation in the UK and US Alissa Cooper and Ian Brown (2015) ACM Transactions on Internet Technology, 15(1): 2-21 http://dl.acm.org/citation.cfm?id=2700055 11/14/2016
Editor's Notes
- #60 5 months participant observation at major UK ISP; 70 semi-structured interviews + analysis of 300+ company and govt documents