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"This study explains the concept of network neutrality and its history as an extension of the rights and duties of common carriers, as well as its policy history as examined in US and European regulatory proceedings from 1999. The book compares national and regional legislation and regulation of net neutrality from an interdisciplinary and international perspective. It also examines the future of net neutrality battles in Europe, the United States and in developing countries such as India and Brazil, and explores the case studies of Specialized Services and Content Delivery Networks for video over the Internet, and zero rating or sponsored data plans. Finally, Network neutrality offers co-regulatory solutions based on FRAND and non-exclusivity. This is a must-read for researchers and advocates in net neutrality debate, and those interested in the context of communications regulation, law and economic regulation, human rights discourse and policy, and the impact of science and engineering on policy and governance."

In considering market developments and policy responses to some of the most heated net-neutrality debates in Europe and the United States, Net Neutrality is the first, fully comprehensive overview of the subject. This book is also unique in providing readers with a supplementary outline of recommended policy prescriptives

Chris Marsden argues that co-regulation is the defining feature of the Internet in Europe. Co-regulation offers the state a route back into questions of legitimacy, governance and human rights, thereby opening up more interesting conversations than a static no-regulation versus state regulation binary choice. The basis for the argument is empirical investigation, based on a multi-year, European Commission-funded study and is further reinforced by the direction of travel in European and English law and policy, including the Digital Economy Act 2010. He places Internet regulation within the regulatory mainstream, as an advanced technocratic form of self- and co-regulation which requires governance reform to address a growing constitutional legitimacy gap. The literature review, case studies and analysis shed a welcome light on policymaking at the centre of Internet regulation in Brussels, London and Washington, revealing the extent to which states, firms and, increasingly, citizens are developing a new type of regulatory bargain.

An outstanding line-up of contributors explore the regulation of the internet from an interdisciplinary perspective. In-depth coverage of this controversial area such as international political economy, law, politics, economics, sociology and internet regulation. Regulating the Global Information Society covers the differences between both US and UK approaches to regulation and establishes where policy is being made that will influence the future direction of the global information society, from commercial, democratic and middle-ground perspectives.

The 2020s will finally be the decade of cyberlaw, not as 'Law of the Horse', but as digital natives finally help bring the law syllabus, legal practice and even legislatures into the Information Society. In the first part of the chapter, I explain how the cyberlawyers of the 1990s dealt with regulation of the then novel features of the public Internet. Internet law was a subject of much interest in the 1990s in the US, and some specialist interest in UK and Europe. In Part 2, I explain the foundational rules for the adaptation of liability online initially focussed on absolving intermediaries of legal responsibility for end user posted content. This exceptionalist approach gradually gave way. While some US authors are hamstrung by a faith in the myth of the superuser and somewhat benign intentions of corporations as opposed to federal and state government, there has been a gradual convergence on the role of regulated self-regulation (or co-regulation) on both sides of the Atlantic. In Part 3, I argue that the use of co-regulation has been fundamentally embedded since European nations began to enforce these rules, with limited enforcement in which judges and regulators stated that business models largely focussed on encouraging illegal posting would not be protected. Settled policy on liability, privacy, trust, encryption, open Internet policies against filtering, were arrived at as a result of expert testimony and exhaustive hearings. In the final Part 4, I argue that hanging those policies on a whim results in potentially catastrophic results in terms of untying the Gordian knots of intermediary safe harbour/harbor, privacy, copyright enforcement, and open Internet European regulations.

This book explains the beginnings of net neutrality regulation in the United States and Europe, and some of the current debate over access to Specialised Services: fast lanes with higher Quality of Service (QoS). It examines the new European law of 2015 and the interaction between that law and interception/privacy. The book takes a deep dive into UK self- and co-regulation of net neutrality. In each of the national case studies, initial confusion at lack of clarity in net neutrality laws gave way to significant cases, particularly since 2014, which have given regulators the opportunity to clarify their legislation or regulation. The majority of such cases relate to mobile net neutrality, and in particular so-called 'zero rating' practices. The book compares results and proposes a regulatory toolkit for those jurisdictions that intend effective practical partial or complete implementation of net neutrality. It sets out a future research agenda for exploring implementation of regulation. The book outlines competition policy's purpose, referring to the exceptionally rigorous recent analysis of competition law suitability to regulate net neutrality by Maniadaki. Having analysed regulatory tools with little chance of success, it then examines what communications regulators actually do: regulating telecoms access based on the UK case study. The book considers whether zero rating poses a serious challenge to Open Internet use. It explores some of the wider international problems of regulating the newest manifestation of discrimination: zero rating. The book also considers the various means by which government can regulate net neutrality.

This article critically examines the relatively few examples of regulatory implementation of network neutrality enforcement at national level. It draws on co-regulatory and self-regulatory theories of implementation and capture, and interdisciplinary studies into the real-world effect of regulatory threats to traffic management practices (TMP). Most academic and policy literature on net neutrality regulation has focussed on legislative proposals and economic or technological principles, rather than specific examples of comparative national implementation. This is in part due to the relatively few case studies of effective implementation of legislation. The article presents the results of fieldwork in South America, North America and Europe over an extended period (2003-2015). The countries studied are: Brazil, India, Chile, Norway, Netherlands, Slovenia, Canada, United States, European Union. Empirical interviews were conducted in-field with regulators, government officials, ISPs, content providers, academic experts, NGOs and other stakeholders from Chile, Brazil, United States, India, Canada, United Kingdom, Netherlands, Slovenia, Norway. It also explores the opaque practices of co-regulatory forums where governments or regulators have decided on partial private rather than public diplomacy with ISPs, notably in the US, Norway and UK. The article notes the limited political and administrative commitment to effective regulation thus far, and draws on that critical analysis to propose reasons for failure to implement effective regulation. Finally, it compares results of implementations and proposes a framework for a regulatory toolkit. The specific issue considered are the tolerance of zero rating practices, notably as deployed by mobile ISPs.