Neutrality in internet regulation: three regulatory principles

Abstract

Abstract The concept of network neutrality, although disputed, is generally conceived as the need to ensure a fair use of the internet to all stakeholders. Its most widely defended interpretation postulates that putting hard constraints on how network operators control the data transferred is sufficient for an effective implementation of the concept. Except for security and technical management issues, network operators cannot discriminate against data based on their transmitter, receiver, content or a combination of these criteria. This essay argues that such a regulatory framework is not sufficient for a true democratic development of the internet. Through different examples, it will show that multiple biases exist in today's internet. It therefore defends an extension of the regulatory scope to other internet stakeholders and the adoption of new regulation mechanisms and new regulators. It proposes three regulation principles and discusses how regulation mechanisms in keeping with these principles can increase online neutrality and meet some of the current challenges of the internet. This essay does not claim to answer all the ongoing questions, nor does it claim that the different regulation mechanisms proposed are easy to implement. It must be seen as a contribution to the continuous debate regarding the balance which must be established between the freedom of all internet stakeholders and the regulations required to ensure a fair use of the internet for all.