The fight for net neutrality in the EU is waging for many years. Since ex-commissioner Neelie Kroes presented her infamous proposal to allow all forms of network discrimination in 2013 the USA have changed their course twice and finally implemented legal safeguards for net neutrality to protect the innovative potential of their digital economy. Other countries have already applied their existing net neutrality laws and could prevent violations of the principle with good results. Meanwhile in the global south millions of people protest against plans of massively violating net neutrality and argue that internet.org and similar zero-rating projects are “economic racism”. The EU will have non of it. In Europe all three institutions have agreed on a text for net neutrality that is a little bit like Schrodinger’s cat – it could allow protection against network discrimination or it could legalise it. So far we don’t know and even the politicians who will vote on it don’t. The text is written so badly, ambiguous and contradictory that only regulators and courts can give it real meaning in the future. Next month the European Parliament will have to vote. This talks tries to give an understanding of where we are, how we got there and which path we have to go forward. https://11.netzpolitik.org/schedule/schroedingers-net-neutrality/

1. Schroedinger’s net neutrality
#np11, Berlin 4/9/15
Thomas Lohninger, @socialhack

2. Schroedinger’s net neutrality
#np11, Berlin 4/9/15
Thomas Lohninger, @socialhack

4. Telecom Single Market
regulation

6. ☒September 2013

7. ☒
☑April 2014

8. ☒
☑ ☒
March 2015

9. ☒
☑ ☒
☒July 2015

10. 10

11. 11

12. 12

13. 13

14. 14

15. 15

16. 16

17. ☒
?

18. 5 weeks left
18
… or more

19. Parliament decides
‣ Accept
‣ Reject
‣ Amend

20. 🏁

21. 💥

22. ☑

23. ☑
🏁

24. ☑
💥

25. ☑

26. ☑
💥

27. ☑

28. ☑💥

29. ☑
🏁

30. 30

31. “No later than nine months after this Regulation
enters into force, in order to contribute to the
consistent application of this Regulation, BEREC
shall, after consulting stakeholders and in close
cooperation with the Commission, lay down
guidelines for the implementation of the obligations
of national regulatory authorities under this Article.”
Article 4 (5)
31
BEREC Consultation

32. Our options
‣ Delete net neutrality and make national legislation
‣ Accept text as it is and focus on Consultation
‣ Amend the text and keep fighting

33. Keep Fighting!

34. How to do it?
34

37. discrimination protection

38. discrimination protection

39. discrimination protection

40. discrimination protection

41. discrimination protection
trialogue

42. discrimination protection
1st reading position

43. discrimination protection
1st reading position 2nd reading position

44. discrimination protection
room for trialogue agreement

46. What can we do?
46

47. #1 Symbols

48. #2 Comedians

49. #3 pick up the damn phone !!1eleven

50. Thanks!
Questions?
thomas@lohninger.org
socialhack.eu
@socialhack
50