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How We Won The Battle On Net Neutrality In Europe …and what we need to do to win the war 1 Joe McNamee Thomas Lohninger

re:publica 2014 - How We Won The Battle On Net Neutrality in Europe… and what we need to do to win the war

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KURZTHESE: Reflections on the events leading to the decision for net neutrality in the European parliament. BESCHREIBUNG: For several years the debate about net neutrality is going on in the EU. For a long time nothing happened besides consultations after consultations until September 2013 the European Commission suddenly proposed a regulation that claims to complete the digital single market and thereby abolish net neutrality almost completely. With only a few months left till the european elections and a very tight time schedule for political debate a coalition of several european NGOs started the campaign SaveTheInternet.EU. Its goal was to get the public informed about this legislation and get them to join in the fight for an open and free internet. At the time of this talk we will now how the fight ended so its time to look back and learn. This talk will either tell the story of how we won or why we lost net neutrality in Europe.

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How We Won The Battle On Net Neutrality In

Europe…and what we need to do to win the war

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Joe McNamee Thomas Lohninger

case history

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Neelie Kroes

Jan 2010: “There is still some confusion about net neutrality. […] The core issue is whether internet access providers or network operators should be able to exercise control or limit users’ access to any content. For me, when that is done for commercially motivated reasons, that is absolutely a no-go.”

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Neelie Kroes

• six consultations

• The Netherlands & Slovenia adopt net neutrality legislation

• BEREC study about violations 50% of mobile and 20% of fixed line customers affected

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Neelie Kroes

May 2012: “making sure you get champagne service if that’s what you’re paying for”

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European Regulator

• 2012 “Summary of BEREC positions on net neutrality”

• Nov 2012 “BEREC Guidelines for quality of service in the scope of net neutrality”

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Thomas Lohninger
thanks to BEREC for reification of the discussion regulators important for every net neutrality legislation

Telecom Single Market

REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCILlaying down measures concerning the European single market for electronic communications and to achieve a Connected Continent

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Thomas Lohninger
proposed September 2013

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legislative package• radio spectrum

• single EU authorisation

• regulatory jurisdiction

• market consolidation

• ending roaming charges

• killing net neutrality

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not neutrality

• voluntary internet censorship

• internet fast lanes

• as Specialised Services

• as obligation for paid QoS peerings

• price discrimination & volume exclusion

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strategy of the commission

1. Use the elections

2. Add a populist element

3. Use bizarre, complex language

4. Pretend you support net neutrality

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Thomas Lohninger
—->Within the limits of any contractually agreed data volumes or speeds____ for internet access services, providers of internet access services shall not restrict the freedoms provided for in paragraph 1 by blocking, slowing down, degrading or discriminating against specific content,  applications or services, or specific classes thereof, except in cases where it is necessary to apply reasonable traffic management measures.

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Thomas Lohninger
we won almost all of the committees ITRE was impossible->Pilar CastilloITRE vote postponed -> from 4 to 2 weeks —> very SHORTwe’re prepared & faster

plenary vote

• we got real net neutrality!

• text is still not perfect

• weak enforcement

• adopted from S&D, ALDE, Greens & GUE

• “child pornography”

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campaign

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.eu

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facts

• ~ 30.000 faxes

• translated in 9 languages

• min. 50 media appearances in 7 languages (before the final vote)

• 266 git commits from 12 contributors

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Lobbying

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Output• Policy Analysis

• Analysis of every Opinion, Report and Amendment

• 1 pager about effects on SMEs & economy

• collection of contradictory statements from COM & ETNO

• joint letter of civil society, companies and consumer protection organisations

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Allies

• EDRi member network

• BEUC

• StartUps for net neutrality, Netflix, VON, Open Forum Europe, Greenhost, Austrian StartUp Association

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what’s next?

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Thomas Lohninger
What we would need: contact information of relevant ministry in every countrytranslated text for 24 nativ languagesupdated fax/mail/phone tool (Pyhton)—> github
Thomas Lohninger
Brazil joined usUSA goes against us (May 15th)—> competitive advantage

Credits

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@exile6e