Internet Governance
in the infrastructure; opponents fear the best effort network will suffer and eventually disappear, since both economic and business tiers would effectively use same ‘pipes’ (i.e. wireless spectrum and cables). Legal issues Another gray area in traffic management is the right of Internet operators to block materials that may infringe on copyright. Do ISPs have the right and obligation to stop traffic, for example, on P2P networks which are usually used for sharing copyright-protected materials? Do they have the prerogative of juridical and administrative bodies? Some of these questions have been the focus of the case between the Federal Communication Commission (FCC) and Internet operator Comcast.35 In 2007, two public advocacy groups filed a complaint with FCC, the US regulatory authority, claiming that Comcast, the operator, violated network neutrality by significantly slowing down the BitTorrent application (P2P software for downloading files – usually music, video and games, though not only these) for its users.36 Human rights issues Consequences of the violation of network neutrality principles are not only economic. The Internet has become way more important than just for the economy – it has become one of the key pillars of modern society linked to basic human rights, including access to information, freedom of expression, health, and education. Unlike other technologies, the Internet has ‘users’ rather than ‘consumers’. Entirely profit-led models (even if clearly leading to more innovation and investment) may increase the divide between the haves and the have nots: while the rich would be using unlimited online services with full quality, the poor might ultimately end up with useless best effort services. Endangering Internet openness could thereby impact fundamental rights. Besides, the ability to manage network traffic based on origin or destination, on service or content, could give governments the opportunity to filter Internet traffic with objectionable or sensitive content in relation to the country’s political, ideological, religious, cultural, or other values. This brings risks of misuse of traffic management for censorship, especially in countries with authoritarian regimes. The risks If traffic management goes beyond an appropriate level aimed at providing equal service to all Internet users, the principle of network neutrality will 50