JAČANjE PRINCIPA NEUTRALNOSTI INTERNETA KROZ PRAKSU SUDA PRAVDE EU

In Case C-807/18 the Court of Justice of the EU had the opportunity to interpret Regulation 2015/2120, which contains the principle of Internet Neutrality, for the first time. On this occasion, the Court took position that Internet providers must not favor certain applications and services for providing and using data on the Internet to the detriment of others. The principle of net neutrality existed even before the adoption of Regulation 2015/2120. This Regulation establishes measures concerning open access to the Internet. Namely, the Regulation sets rules aimed at ensuring equality and nondiscriminatory treatement of traffic, as well as protection of the rights of end users. The principle of net neutrality implies that all providers of internet access services will treat all traffic equally without discrimination, restriction or interference and regardless of the sender and recipient, the content accessed or distributed,

The transformation of network neutrality in Canada

"Telecommunications technology has dramatically transformed an individual's ability to access information. Internet surfers are often unaware of the ways in which their Internet services are being managed, and even fewer are familiar with the term Internet neutrality. As a growing trend, more Internet Service Providers (ISPs) in Canada are intervening with the infrastructure of the Internet by utilizing traffic management practices, such as bandwidth 'throttling'1, which hinder a user's ability to quickly access certain types of content online. Internet traffic management practices (ITMP) are a means for ISPs to control their 'congested'2 networks, with the aim of optimizing or improving their network's performance, or they can often aid in increasing usable bandwidth (Lithgow, 2011). Traffic management practices ultimately allow one kind of 'packet'3 to be delayed over another; for example, ISPs often use a program called Deep Packet Inspection (DPI), which is a program that can identify forms of traffic online, meaning it can target specific applications. Since ITMPs can target specific 'packets' online, smaller interest groups, and businesses became increasingly concerned that network neutrality policy principles, such as 'common-carriage'4 was not being enforced by the CRTC. This paper will identify the main concerns of utilizing ITMP on broadband networks, and will illustrate that ITMP can and should be connected to the discussion regarding network neutrality in Canada" -- From the introduction, page 1.

The transformation of network neutrality in Canada

"Telecommunications technology has dramatically transformed an individual's ability to access information. Internet surfers are often unaware of the ways in which their Internet services are being managed, and even fewer are familiar with the term Internet neutrality. As a growing trend, more Internet Service Providers (ISPs) in Canada are intervening with the infrastructure of the Internet by utilizing traffic management practices, such as bandwidth 'throttling'1, which hinder a user's ability to quickly access certain types of content online. Internet traffic management practices (ITMP) are a means for ISPs to control their 'congested'2 networks, with the aim of optimizing or improving their network's performance, or they can often aid in increasing usable bandwidth (Lithgow, 2011). Traffic management practices ultimately allow one kind of 'packet'3 to be delayed over another; for example, ISPs often use a program called Deep Packet Inspection (DPI), which is a program that can identify forms of traffic online, meaning it can target specific applications. Since ITMPs can target specific 'packets' online, smaller interest groups, and businesses became increasingly concerned that network neutrality policy principles, such as 'common-carriage'4 was not being enforced by the CRTC. This paper will identify the main concerns of utilizing ITMP on broadband networks, and will illustrate that ITMP can and should be connected to the discussion regarding network neutrality in Canada" -- From the introduction, page 1.

Internet Neutrality

Internet neutrality—usually net(work) neutrality—encompasses the idea that all data packets that circulate on the Internet should be treated equally, without discriminating between users, types of content, platforms, sites, applications, equipment, or modes of communication. The debate about this normative principle revolves around the Internet as a set of distribution channels and how and by whom these channels can be used to control communication. The controversy was spurred by advancements in technology, the increased usage of bandwidth-intensive services, and changing economic interests of Internet service providers. Internet service providers are not only important technical but also central economic actors in the management of the Internet’s architecture. They seek to increase revenue, to recover sizable infrastructure upgrades, and expand their business model. This has consequences for the net neutrality principle, for individual users and corporate content providers. In the case of Internet service providers becoming content providers themselves, net neutrality proponents fear that providers may exclude competitor content, distribute it poorly and more slowly, and require competitors to pay for using high-speed networks. Net neutrality is not only a debate on infrastructure business models that is carried out in economic expert circles. On the contrary, and despite its technical character, it has become an issue in the public debate and an issue that is framed not only in economic but also in political and social terms. The main dividing line in the debate is whether net neutrality regulation is necessary or not and what scope net neutrality obligations should have. The Federal Communications Commission (FCC) in the United States passed new net neutrality rules in 2015 and strengthened its legal underpinning regarding the regulation of Internet service providers (ISPs). With the Telecoms Single Market Regulation, for the first time there will be a European Union–wide legislation for net neutrality, but not recent dilution of requirements. From a communication studies perspective, Internet neutrality is an issue because it relates to a number of topics addressed in communication research, including communication rights, diversity of media ownership, media distribution, user control, and consumer protection. The connection between legal and economic bodies of research, dominating net neutrality literature, and communication studies is largely underexplored. The study of net neutrality would benefit from such a linkage.