Three Wise Monkeys of Net Neutrality
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Transcript of Three Wise Monkeys of Net Neutrality
Three Wise Monkeys of Three Wise Monkeys of Net Neutrality Net Neutrality
Dr Chris Marsden, Dr Chris Marsden,
Director Director
LL.M. Internet Law LL.M. Internet Law
University of EssexUniversity of Essex
EuroParl/EC EuroParl/EC
11 Nov 201011 Nov 2010
My background & relevant workMy background & relevant workFive books, 50 academic articlesFive books, 50 academic articlesLawyer: LL.B., LL.M. (LSE), Ph.D. (Essex)Lawyer: LL.B., LL.M. (LSE), Ph.D. (Essex) Fellow, Keio U. and GLOCOM (Tokyo) Fellow, Keio U. and GLOCOM (Tokyo) Harvard Internet Policy Research FellowHarvard Internet Policy Research Fellow Cambridge ComputerLab Industrial FellowCambridge ComputerLab Industrial Fellow Regulatory Director MCI WorldComRegulatory Director MCI WorldCom Senior Researcher RAND EuropeSenior Researcher RAND Europe
Advised EU govts and EC on Advised EU govts and EC on AVMS/broadband/regulationAVMS/broadband/regulation
Articles interoperability/neutrality 1998Articles interoperability/neutrality 1998 ‘‘Start of end-to-end’/ Start of end-to-end’/
bottlenecks/access/carriagebottlenecks/access/carriage
3 Check against delivery participants only
Book launched Book launched Feb-March Feb-March
20102010
100,000 100,000 downloads downloads
first 2 monthsfirst 2 months
Canada Canada (McGill) (McGill)
UK (Oxford)UK (Oxford)Brussels Brussels
Author@GooglAuthor@Googlee
Funding for my researchFunding for my research
ZeroZero
I receive no funding on net neutralityI receive no funding on net neutrality
I paid from my own pocket to be here!I paid from my own pocket to be here!
I have delivered paid articles to:I have delivered paid articles to:
International Institute of Communications International Institute of Communications (Compass journal) (Compass journal)
Fundacion Telefonica (owe on invoice!)Fundacion Telefonica (owe on invoice!)
2009:2009:FCC FCC CRTC CRTC Japan Japan Norway Norway EU EU Chile introduce...Chile introduce...
5 Check against delivery participants only
Vague Vague broad broad principlesprinciples
2011: Devil lies 2011: Devil lies in the detailin the detail
Ofcom: ‘no formal complaints’Ofcom: ‘no formal complaints’ BEREC (2010) Response to the European Commission’s consultation BEREC (2010) Response to the European Commission’s consultation
on the open Internet and net neutrality in Europe, BoR (10)42 on the open Internet and net neutrality in Europe, BoR (10)42
Charlie Dunstone, Chairman, TalkTalkCharlie Dunstone, Chairman, TalkTalk Ofcom International Conference, Nov 2006Ofcom International Conference, Nov 2006
““We shape traffic to restrict P2P users. We shape traffic to restrict P2P users. I get hate mail at home from people I get hate mail at home from people
when that means we restrict when that means we restrict their ability to play games.”their ability to play games.”
““I’ve got 2 people that have saidI’ve got 2 people that have said
they’re going to kill methey’re going to kill me
as a result of not allowingas a result of not allowingthem to play certain games.them to play certain games.
From our point of view, it’s From our point of view, it’s not about securitynot about security, it’s , it’s about trying to figure out what type of traffic it is.”about trying to figure out what type of traffic it is.”
Three wise monkeysThree wise monkeys
‘‘We have received no complaints’ is NOT We have received no complaints’ is NOT ‘I have not listened to any complaints’.‘I have not listened to any complaints’.
Some regulators are:Some regulators are: Seeing no evilSeeing no evil Hearing no evilHearing no evil Speaking no evil.Speaking no evil.
BEREC analyzing the BEREC analyzing the problem sensibly!problem sensibly!
Europe Europe leadsleads on mobile neutrality on mobile neutrality
Essential – for dongle usersEssential – for dongle users ‘‘Fixed-mobile’ convergence demands Fixed-mobile’ convergence demands
equivalence of regulatory treatmentequivalence of regulatory treatment Subject to reasonable traffic managementSubject to reasonable traffic management
Critical for developing nationsCritical for developing nations 5.3 billion mobile users today5.3 billion mobile users today 3b people will only access the Internet via 3b people will only access the Internet via
mobiles by 2015 - ITUmobiles by 2015 - ITU
That begins at transparencyThat begins at transparency
Realistic 3G & LTE speeds Realistic 3G & LTE speeds Who told DSL Prime about 50Mb/s LTE in Who told DSL Prime about 50Mb/s LTE in
1000 German villages by end-2010?1000 German villages by end-2010?
What’s the minimum speed at peak-time?What’s the minimum speed at peak-time?
Not ‘up to’ lab-tested maximum!Not ‘up to’ lab-tested maximum!
NOT blocking SkypeNOT blocking Skype
Building High Definition VOIP fast lanesBuilding High Definition VOIP fast lanes
Managed services FRANDManaged services FRAND
FairFairReasonable andReasonable andNon-discriminatoryNon-discriminatoryAccessAccess
means Murdoch, Berlusconi and Disney means Murdoch, Berlusconi and Disney can’t cut exclusive deals to freeze out competitorscan’t cut exclusive deals to freeze out competitors
Universal service must also be consideredUniversal service must also be consideredAs well as Public Service must-carryAs well as Public Service must-carry
New articles this monthNew articles this month‘‘Three Wise Monkeys’Three Wise Monkeys’ www.globalpolicyjournal.com/www.globalpolicyjournal.com/
‘‘Mobile Net Neutrality’Mobile Net Neutrality’ ejlt.org//article/view/32ejlt.org//article/view/32
More ssrn.com/author=220925More ssrn.com/author=220925www.essex.ac.uk/law/staff/profile.aspx?ID=832www.essex.ac.uk/law/staff/profile.aspx?ID=832