Net Neutrality as Global Norm for Internet Governance

Abstract

This paper discusses the concept of network neutrality (NN) and explores its relevance to global Internet governance. Internet neutrality is usually seen as a domestic regulatory issue. And in many ways it has been a domestically focused controversy, up to now. It originates in a debate over the policies to be applied to broadband access networks, which are typically licensed and regulated at the national or even the state and local levels. Some commentators have even asserted that the relevance of NN is confined exclusively to the United States. (Cave and Crocioni, 2007; Clark, 2007) They reach that conclusion because the U.S., which pursues a policy of encouraging facilities-based competition, does not require its incumbent telephone or cable companies to share their local access facilities with competing Internet service providers. This gives them more market power and may encourage them to exert vertical leverage over content and applications markets.1 But as a normative guide to policy, network neutrality transcends domestic politics. The network neutrality debate addresses the right of Internet users to access content, services and applications on the Internet without interference from network operators or overbearing governments. It also encompasses the right of network operators to be reasonably free of liability for transmitting content and applications deemed illegal or undesirable by third parties. Those aspects of net neutrality are relevant in a growing number of countries and situations, as both public and private actors attempt to subject the Internet to more control. Because Internet connectivity does not conform to national borders, net neutrality is really a globally applicable principle that can guide Internet governance.