Net Neutrality in Europe and Germany

Abstract

Net neutrality has emerged to a big and controversially discussed topic in Germany, as themajor access provider announced to adopt newbusiness models for fixed internet access as wellas mobile broadband access in spring 2013. In thecontext of the discussion one side stresses more therole of competition, innovation, investment and newbusiness models, whereas the other side emphasizesthe best-effort-principle and its role for innovation andplurality of content. In order to gain a comprehensivepicture of the discussion, the author displays thecurrent European framework and the German draftregulations. He points out, that the insistence on thebest-effort-paradigm without any differences is notcompletely convincing, in particular with respect to thefunction of innovation by competition. Differentiationsof products and services allow increased revenuesand can therefore contribute to the roll out of futureultra-fast broadband. To avoid the misuse of marketpower due to differentiation practises reasonableregulations are needed. If the best-effort-paradigm isstill considered as an important pillar of a free internet,there is a need for adequate safeguards in the form ofreasonable regulations. Traffic management measuresmight be useful and necessary. They should go alongwith the requirement of obligations to document casesand justification where necessary. These measuresshould not allow for private censorship, at least notwithout a sufficient rule of law scheme. The authorcloses his remarks with some observations basedon a comparison of the European and Germandraft regulations with the Korean Guidelines for NetNeutrality and Internet Traffic Management. Therebyhe points out the strengths, weaknesses and room forimprovement for the Korean Guidelines from his pointof view.