End-to-End, Net Neutrality and Human Rights

Abstract

The network neutrality (NN) debate focuses on the effects that Internet Traffic Management (ITM) practices, implemented by network operators, may deploy on Internet users’ rights and particularly, on their capability to freely seek, receive and impart information and ideas. Certain ITM techniques are indeed aimed at discriminating against specific content, applications and services and, therefore, have the potential to substantially interfere with the end-user’s Internet experience. Over the past 15 years, NN discussions have been scrutinising the extent to which ITM techniques may be deemed as reasonable, trying to find a delicate balance between the interests of the operators, which have the technical possibility to manage Internet traffic; the interests of the Content and Application Providers (CAPs) that rely on non-discriminatory Internet connectivity in order compete on a level playing field; and the interests of Internet users, who rely on non-discriminatory Internet connectivity in order to fully enjoy their fundamental rights while, as customers, have a legitimate expectations to enjoy the quality levels for which they pay.