The infrastructure and standardisation basket
Users or customers? The network neutrality debate also creates linguistic discourse. Proponents of network neutrality focus on Internet ‘users’, while the others – mainly commercial players – describe them as ‘customers’. Internet users are more than simply customers; the term ‘user’ implies active participation in the development of the Internet through social networks, blogging, and other tools and the important role they have in deciding the future of the Internet. Customers, on the other hand, like any other customers, can decide whether or not to purchase the services on offer. Their status on the Internet is based on a contract with the ISP and customer protection rules. Beyond that, customers are not supposed to have any role in deciding how the Internet is run.
Policy approaches With the network neutrality debate, another question has come to the fore: what is the role of the regulators in broadband policy and operator practices? Developed countries In response to the Comcast case, the US FCC adopted the Guidelines on Network Neutrality as an update to its 2005 policy paper,32 which reflect the need for access to and choice of content and devices, and addressed the issues of discrimination and transparency. Japan’s Ministry of Internal Affairs and Communications’ working group reported on choice and access as well as discrimination, but additionally tackled fairness in network costsharing and network use.33 The Swedish Post and Telecom Agency (PTS) outlines that openness – promoted by non-discrimination and competition – is a prerequisite for innovation but also that it should be balanced against investments and security of the network.34 The regulatory framework on electronic communications of EU targets protecting freedom of expression, users’ choice, and access rights, along with the transparency principle; yet it also stresses the need for investments, fair competition with no discrimination, and opportunities for new business models including innovative business.35 The most praised model comes from the Norwegian Post and Telecommunications Authority (NPT), seeking to ensure: transparency of business offers and practices, user choice and access to content, services and hardware, and nondiscrimination based on application, service, content, sender or receiver.36 It is not, however, only the content that stands out but also the process of reaching consensus on these guidelines: taking a broad multistakeholder-based approach to designing soft co-regulations based on reaching consensus of all parties over a binding agreements; in that way NPT re-assured consumers and business that the market can be regulated without hard law.37
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