Monday 19th October, 1pm
Net Neutrality or Not Neutrality? Zero Rating and the Minitelisation of the Internet
A seminar by Professor Luca Belli
The Internet was designed as a general-purpose network grounded on openness, decentralisation and interoperability. Such features have allowed innovation to flourish, lowering barriers to communication, participation and cooperation, thus empowering end users. ‘General purpose’ means that the purpose for which the Internet is used is not predefined by the operator but can be autonomously decided by the end user. In this sense, the network neutrality principle mandates non-discriminatory treatment of Internet traffic to preserve an open environment, fostering the general-purpose nature of the Internet, unleashing end users’ creativity.
This lecture will explore the evolution of the net neutrality debate, stressing that the rationale of net neutrality policies is to preserve an open and decentralised Internet architecture, empowering end users, fostering innovation and protecting users’ rights. The analysis of the different stages of net neutrality policymaking will lead to one of the latest chapters of the net neutrality saga: the emergence of zero rating schemes and their (in)compatibility with net neutrality. The lecture will consider the latest jurisprudential evolutions – including the recent ECJ Judgment in Joined Cases C-807/18 and C-39/19 – analysing how discriminatory practices with regard to both Internet traffic management and price differentiation may lead to a phenomenon defined as “Minitelisation” (Belli 2017) of the Internet, consisting of the shift from a user-centric, general-purpose network to one with a predefined purpose, thereby creating passive consumers of predetermined services (as in the old-fashioned Minitel), rather than active Internet users.