Principle Of Technological Neutrality Research Articles

The problem and sociopolitical confusion of ‘technological neutrality’: The case of the Observatorio de Neutralidad Tecnológica in Spain

This article analyses the concept of ‘technological neutrality’ and the sociopolitical confusion that derives from an incorrect use of the term, as in the case of the new Observatorio de Neutralidad Tecnológica. It begins by formulating the problem and then offers a brief historical review of the main contributions that the philosophy, sociology and history of technology have made towards refuting the principle of technological neutrality. It goes on to analyse the connection that exists between politics and technology insofar as this shapes the polis and society, and looks at the need to focus on a true philosophy and political sociology of technology. Lastly, it examines what meaning the concept of technological neutrality has for the Observatorio de Neutralidad Tecnológica, from which we can conclude that the term has been used in an incorrect and ambiguous way, and it makes a sociological and philosophical critique of the authors of the Observatorio’s reports. The main conclusion is that, on the one hand, the term should be modified and that, on the other, the Observatorio does not seem to make explicit the political philosophy underlying its approach, which leads to a series of theoretical difficulties that it is important to reconsider.

Contrasting Legal Solutions and the Comparability of EU and U.S. Experiences

Sometimes differences between legal systems can provide the best explanation for differing outcomes in matters of competition policy and regulation. Each system made its own choice between equally valid policy options, and even if the same corpus of economic science is used under each system, the respective outcomes will be different. Under these circumstances, it cannot be argued that one or the other system disregards economic science. By way of illustration, this paper examines two specific issues relating to competition law and telecommunications regulation: (i) the hierarchy in the application of competition law and sector-specific regulation: the U.S. Supreme Court decision in Trinko and the Commission decision in the Deutsche Telekom price-squeeze case evidence two different approaches; and (ii) the principle of technological neutrality and the place of competition law principles in sector-specific regulation: here the approach of the FCC under the Communications Act can be compared with that of the Commission under the new electronic communications framework.