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Open Access (free)
Digital Bodies, Data and Gifts
Kristin Bergtora Sandvik

, development, deployment and integration across social fields. Among these are stakeholder groups (such as regulators, civil society representatives, designers, data scientists, tech entrepreneurs and experts in cybersecurity, intellectual property and data-protection law) with differing priorities, values and skillsets, and consequently different approaches to datafication. In the context of fashion, Wissinger (2018: 779) notes that her interviews reveal that ‘a laissez

Journal of Humanitarian Affairs
Open Access (free)
From policy to law to regulation

This book explains the beginnings of net neutrality regulation in the United States and Europe, and some of the current debate over access to Specialised Services: fast lanes with higher Quality of Service (QoS). It examines the new European law of 2015 and the interaction between that law and interception/privacy. The book takes a deep dive into UK self- and co-regulation of net neutrality. In each of the national case studies, initial confusion at lack of clarity in net neutrality laws gave way to significant cases, particularly since 2014, which have given regulators the opportunity to clarify their legislation or regulation. The majority of such cases relate to mobile net neutrality, and in particular so-called 'zero rating' practices. The book compares results and proposes a regulatory toolkit for those jurisdictions that intend effective practical partial or complete implementation of net neutrality. It sets out a future research agenda for exploring implementation of regulation. The book outlines competition policy's purpose, referring to the exceptionally rigorous recent analysis of competition law suitability to regulate net neutrality by Maniadaki. Having analysed regulatory tools with little chance of success, it then examines what communications regulators actually do: regulating telecoms access based on the UK case study. The book considers whether zero rating poses a serious challenge to Open Internet use. It explores some of the wider international problems of regulating the newest manifestation of discrimination: zero rating. The book also considers the various means by which government can regulate net neutrality.

Open Access (free)
Christopher T. Marsden

here to stay, however watered down its principles, however complex its enforcement, however unreasonable or overzealous its defenders, or duplicitous its enemies. On 24 February 2016 I gave a presentation at the closed BEREC workshop on net neutrality, attended by national regulators and the European Commission, alongside Professor Barbara van Schewick, Dr Scott Marcus and Dr

in Network neutrality
Christopher T. Marsden

exception for small IAPs, or to permit further analysis of the type indulged in by the French regulator when analysing the Level3/France Telecom and YouTube/Free disputes. Finally, ‘[NRAs] should be required, as part of their monitoring and enforcement function, to intervene when agreements or commercial practices would result in the undermining of the essence of the end-users’ rights.’ Powers must

in Network neutrality
Christopher T. Marsden

process, as we saw in the case of the UK in Chapters 2 – 3 . While regulator Ofcom has been groundbreaking in its research into traffic management measurement, it has tried to solve neutrality problems with co-regulation. This process needs a brief definition, and while I have written extensively on the matter, here I use the term defined by Lord Justice Leveson in the 2,500-page report into ‘phone hacking’. He states

in Network neutrality
Christopher T. Marsden

analysis of competition law suitability to regulate net neutrality by Maniadaki. Having analysed regulatory tools with little chance of success, I then examine what communications regulators actually do: regulating telecoms access based on the UK case study. This provides insights into how difficult net neutrality regulation will prove in practice, a subject to which we return in Chapter 6 and the concluding Chapter 8 . I then

in Network neutrality
Christopher T. Marsden

, but it is still only governed by a contract with Facebook, which Facebook can change unilaterally. Politicians and telecoms executives who now claim to be in favour of net neutrality are in fact conceding that blocking and throttling users is no longer acceptable to politicians and therefore regulators. They largely only concede ‘negative’ net neutrality. ‘Positive’ net

in Network neutrality
Christopher T. Marsden

IAPs (and much less often generic ISPs), though when I quote regulators such as CRTC (Canadian Radio-television and Telecommunications Commission), BEREC (Body of European Regulators of Electronic Communications) and Ofcom (Office of Communications Regulation), I will not correct their use of the more generic term ‘ISP’ even though they are specifically referring to IAPs. So why do they use this term

in Network neutrality
Privacy, liability and interception
Christopher T. Marsden

European customers’ content under the Electronic Commerce Directive (EC/2000/31) (ECD) so long as they have no actual or constructive knowledge of that content: if they ‘hear no evil, see no evil and speak no evil.’ 3 Regulators have also been acting as ‘three wise monkeys’ in ignoring evidence that net neutrality is being compromised by IAP decisions to block, throttle and otherwise censor

in Network neutrality
Open Access (free)
Neutrality, discrimination and common carriage
Christopher T. Marsden

zombie 2 that has sprung to life recently. It is a policy of Internet 3 non-discrimination based on innovation, free speech, privacy and content provider commercial self-interest, imposed on the technocratic economic regulation of telecommunications (telco) local access networks. The regulators, telcos and governments don’t like it one bit. The laws and regulations are formally ‘Open Internet’ not

in Network neutrality