인터넷 망 중립성의 변화에 따른 규제 방안

Abstract

The Federal Communications Commission (FCC) in United States passed a new proposal, “Protecting and Promoting the Open Internet”, which was a provisional set of rules regarding net neutrality on May 15, 2014. The amendment allows broadband providers to deal with fast lanes or paid prioritization arrangements as long as it is commercially reasonable and guaranteed a minimum level of quality for every service. This new rule has been introduced after Verizon succeeded in striking down most of the 2010 Open Internet Order, especially anti-blocking and anti-discrimination rules in Verizon v. FCC of 2014. The new rule is substantial change of a net neutrality policy. After examining the rule and Verizon case, this article insists that a market based approach would be desirable in operating a net neutrality policy because it is not an unchangeable principle and is different in each country. As EU regulation and especially Ofcom’s approach to traffic management, the policy needs to rely primarily on effective competition among Internet Service Providers (ISPs). Not only should ISPs convey all traffic on more or less equal terms, but also can prioritise certain traffic if the amounts of discrimination enhance efficiency. In December 2013, the Ministry of Science, ICT and Future Planning in Korea announced a new standard for traffic management including such consideration, and allowed limited discrimination based on service quality and volume of traffic within the reasonable scope. This article also addresses a need for cooperation between broadband providers and certain content providers such as Google, Facebook, and KakaoTalk who cause exceed traffic load, in terms of investment in networks. It is proper that certain portion of profits obtained from heavy traffic using it should be invested to develop the network. By the same token, it also examines the need for gradual introduction of the usage-based pricing model for Internet services in Korea.