Research Report
Trends and Prospects of Legal Issues in a Global Context - Focused on the Issue of Network Neutrality -
Ⅰ. Backgrounds and Purposes
▶ Changes in the regulation on network neutrality are made world-wide, it is worthwhile to introduce the most up-to-date news on regulation of telecommunication industries.
○ Internet service provides are for the repeal of net neutrality; otherwise they need to bear the expenses for keeping up the network.
- Repeal of net neutrality may lead to discrimination on contents, oppression of freedom of expression, invation of privacy, and suppression of innovation.
Ⅱ. Major Content
▶ Net neutrality means no discrimination on sending/receiving information or access online.
○ May be interpreted as processing all contents and instruments equally, but also include recognizing and allowing reasonable not-equal treatment for separately managed services.
- Similar concepts including platform neutrality and content neutrality are discussed along with net neutrality.
▶ Question on legitimacy of net neutrality is raised, as changes on network and internet are made.
○ One of the objectives of the net neutrality policy was to promote just competition; however, doubts were formed on whether net neutrality provides justice among ISPs and among contents providers.
○ Net neutrality is needed from the Constitutional perspectives for the protection of the equality, freedom of expression, freedom of communication, and the protection of privacy while it may be read as causing invation of the property rights.
- Yet property rights are subject to communal restraints, thus may be lawfully restricted.
▶ Net neutrality is repealed in the States at the end of 2017
○ Yet ISPs are still regulated by the Competition Law, the repeal of the net neutrality may not have noticeable impact.
▶ EU supports net neutrality but recognizes specialized services
○ Areas where efficient and hig-quality services are necessary may enjoy managed traffic, thus provides exception to net neutrality in reality.
▶ Korea adheres to net neutrality while having exceptions for reasonable traffic management.
Ⅲ. Expected Effects
○ Understanding and introducing current status and prospects on the net neutrality principles in the States and EU will provide resource for Korean policy makers and legislators.