On October 27, 2015, the European Parliament approved a new regulation related to net neutrality, requiring Internet service providers to treat all web traffic equally and refrain from blocking or slowing the delivery of lawful web transmissions.
Net neutrality means that all websites must get equal access to traffic, and global brands like Google or Amazon should get treated exactly the same as any other website. Net neutrality is often cited as being the foundation of an open and free internet, and means everything on the web is open and easily accessible to all, without interference from third parties.
The European Commission hailed that vote as an important milestone in efforts to establish a unified, EUL-wide digital market.
However, even if this new European ruling tends to foster the application of net neutrality, it seems to have left certain loopholes that offer exemptions to net neutrality as principle. Indeed, for instance, it allows internet service providers to open up an “internet fast lane” for paying sites provided the rest of the internet is left alone. Another loophole is the fact that internet service providers can discount certain websites against data caps. Furthermore, a major loophole is the one allowing internet service providers to introduce “reasonable Traffic management measures” that groups services into classes with speeds that can be Slowed down or sped up at will.
Following the vote of these rules, a group of technology companies sent members of Parliament a letter outlining their concerns about the EU’s net-neutrality rules. According to these companies, the exceptions allowing fast lanes for the special services would disproportionately hurt smaller businesses, while the provision for congestion management would allow Internet-service providers the right to slow down traffic even at times when there is no congestion.
Furthermore, it is interesting to note that because of the important number of exceptions to net neutrality, it seems that this EU regulation is milder than similar legislation recently introduced in the U.S. by the US Federal Communication Commission.
Nevertheless, even if some criticized are addressed to this new European regulation, it will be interesting to follow its interpretation and application by the different European countries and see if a uniform application of this regulation is made. Indeed, while reiterating its support for EU-level measures on net neutrality, the European Telecommunications Network Operators called for uniform implementation by EU member states, asserting: “the common objective should be to make sure that the regulation does not pick winners and losers among countries.”
Marianne Lecron
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