Title: Revisiting network neutrality

Authors: Rebecca Wong, Daniel B. Garrie, Daniel W. Loewenherz

Addresses: Nottingham Law School, Burton Street, Nottingham, NG1 4BU, UK. ' Electronic Discovery, CRA International, 1155 Avenue of the Americas, 18th Floor, New York, NY 10036, USA. ' P.O. Box 200701, New Haven, CT 06520, USA

Abstract: The paper discusses the topical subject of network neutrality, from a US and European legal perspective. The article will begin by first defining network neutrality before addressing the underpinning technology and will then compare the legal approaches adopted by Europe and the US. In Europe, there is an existing electronic communications regulatory framework which can be used to address the network neutrality problem rendering any further legislation unnecessary and perhaps, detrimental to the current framework. In the US, however, the main concern arising is a potential for a |fragmented| internet, which leads to our conclusion that network neutrality legislation is necessary on multiple levels. The article will conclude that the US| stance on network neutrality legislation will cause a seismic shift in the way we view technology and the way that networks are accessed and utilised.

Keywords: network neutrality law; EU Directive on Access and Interconnection; European Union; network operators; privacy; Europe; USA; United States; internet; legislation.

DOI: 10.1504/IJPL.2008.021232

International Journal of Private Law, 2008 Vol.1 No.3/4, pp.319 - 332

Published online: 12 Nov 2008 *

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