Neutrális vagy teátrális? A netes semlegesség rövid európai története

Abstract

The study examines the concept of net neutrality and related European regulatory efforts, with a particular focus on issues affecting users and content providers. The author, László Németh, defines the essence of the concept, introduced by Tim Wu in 2003, as the principle that all data packets on the internet should be transmitted equally, without discrimination. The article uses specific European legal cases (blocking of Skype in Germany, restriction of Viber in several countries, the practices of Dutch KPN and French Orange) to show how Internet Service Providers (ISPs) violate this principle, for example by restricting VoIP applications or prioritizing traffic for financial gain. The study provides a detailed analysis of the Dutch and Slovenian net neutrality regulations, the first in the world to be enacted into law, comparing their content and exceptions. The central part of the work is the presentation of the controversial regulatory process at the European Union level. The author follows the evolution of Commissioner Neelie Kroes's position from full neutrality towards the acceptance of a "two-speed internet" and discusses in detail the debates surrounding the "Connected Continent" package. It shows how the European Parliament - under pressure from the civil sphere - voted in April 2014 for a strict net neutrality regulation prohibiting all forms of discrimination. In contrast, the Council's latest proposal would again allow for potentially discriminatory agreements on quality of service. The conclusion is that, although progress has been made, the issue of net neutrality is far from resolved at European level, the process has become "soap-opera-long" and its final outcome is uncertain.