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