Net Neutrality in the European Union: Is the Internet in Danger?
Net Neutrality in the European Union: Is the Internet in Danger?

Summary/Abstract: Differentiating between certain data packages is a network management tool widely used by internet access providers today. Throttling and blocking VOIP or file-sharing services, or providing quality services only for a higher fee are examples of such differentiation. These tools have been used for decades in order to maintain resilient, secure and quality high-capacity networks. However, it may be anti-competitive and detrimental to the information society if providers abuse these i-practices in order to ensure a better position in the market. Net neutrality is a principle requiring that network operators treat every data package on their network equally (neutrally) and which emerged in connection with anti-competitive practices. In the European Union, a regulatory debate has started as to whether there is a need for direct intervention regarding traffic management solutions in order to ensure the free and open character of the internet. This simple-looking issue, if treated wrongly, however, may have unforeseeable detrimental effects on the internet as we know it today. It is not by accident that some regard net neutrality as the Pandora’s Box of the internet, indicating that extra precautions are required. This paper deals with the legal aspects of the net neutrality debate. By introducing how the concept emerged since it first appeared, and what legislative or non-legislative steps have been taken in the European Union during the last few years, the discussion underlines the possible negative effects of overregulation. It is suggested that the current electronic communication regulatory framework of the EU is sufficient to tackle any issue that may arise under net neutrality in the coming years. Whilst the paper takes a relatively strong position against introducing more detailed or specific regulation, it also aims to invite others to reflect on how net neutrality should be treated in the European Union.

• Details
• Contents