Net Neutrality in Europe and Germany = 유럽과 독일에서의 망중립성

다국어 초록 (Multilingual Abstract)

Net neutrality has emerged to a big and controversially discussed topic in Germany, as the major access provider announced to adopt new business models for fixed internet access as well as mobile broadband access in spring 2013. In the context of the discussion one side stresses more the role of competition, innovation, investment and new business models, whereas the other side emphasizes the best-effort-principle and its role for innovation and plurality of content. In order to gain a comprehensive picture of the discussion, the author displays the current European framework and the German draft regulations. He points out, that the insistence on the best-effort-paradigm without any differences is not completely convincing, in particular with respect to the function of innovation by competition. Differentiations of products and services allow increased revenues and can therefore contribute to the roll out of future ultra-fast broadband. To avoid the misuse of market power due to differentiation practises reasonable regulations are needed. If the best-effort-paradigm is still considered as an important pillar of a free internet, there is a need for adequate safeguards in the form of reasonable regulations. Traffic management measures might be useful and necessary. They should go along with the requirement of obligations to document cases and justification where necessary. These measures should not allow for private censorship, at least not without a sufficient rule of law scheme. The author closes his remarks with some observations based on a comparison of the European and German draft regulations with the Korean Guidelines for Net Neutrality and Internet Traffic Management. Thereby he points out the strengths, weaknesses and room for improvement for the Korean Guidelines from his point of view.

목차 (Table of Contents)

• ABSTRACT
• Ⅰ. The Situation in Germany
• Ⅱ. The European Framework
• Ⅲ. The Telecommunications Act in Germany and NNVO
• Ⅵ. Some Short Hypothesis
• Ⅴ. Some Constitutional Aspects
• Ⅵ. Comments on the KCC’s ‘Guidelines for Network Neutrality and Internet Traffic Management’
• References

참고문헌 (Reference)

1 Bundesnetzagentur, "press release, Germanywide measuring campaign begins"

2 Cisco Systems, "Visual Networking Index (VNI), The Zettabyte Era – Trends and Analysis"

3 Bundesnetzagentur, "Tätigkeitsbericht Telekommunikation 2012-2013"

4 Bundesnetzagentur, "Tätigkeitsbericht Telekommunikation 2010/2011"

5 Schlauri, "Neuer Entwurf des Bundesministeriums für Wirtschaft (BMWi) für eine Netzneutralitätsverordnung"

6 Schneider, "Netzneutralität in der Informationsgesellschaft" 35-, 2011

7 Bitcom, "Kurz-Stellungnahme zum 2. Entwurf einer Netz-Neutralitätsverordnung (NNVO-E2)"

8 BEREC, "Guidelines on Transparency in the scope of Net Neutrality" BOR

9 Bundesnetzagentur, "Fragen zu Netzneutralität und Netzfreiheit"

10 BEREC, "Differentiation practices and related competition issues in the scope of Net Neutrality, Draft" BOR