Europe Is About to Adopt Bad Net Neutrality Rules. Here’s How to Fix Them

[Commentary] On October 27, the European Parliament will vote on rules intended to protect network neutrality in the European Union (EU). However, the proposal about to be adopted fails to deliver network neutrality to the EU and is much weaker than current net neutrality rules in the United States. Fortunately, it’s not too late to change course. Members of Parliament can still secure meaningful network neutrality for Europe  --  if they adopt key amendments on Oct 27.

Problem 1: The proposal allows Internet service providers to create fast lanes for companies that pay through the specialized services exception.
Problem 2: The proposal generally allows zero-rating and gives regulators very limited ability to police it, leaving users and companies without protection against all but the most egregious cases of favoritism.
Problem 3: The proposal allows class-based discrimination, i.e. ISPs can define classes and speed up or slow down traffic in those classes even if there is no congestion.
Problem 4: The proposal allows ISPs to prevent “impending” congestion. That makes it easier for them to slow down traffic anytime, not just during times of actual congestion.

To save the open Internet in Europe, members of the European Parliament need to adopt the amendments. If a majority of the members who vote approves this flawed compromise, the rules are adopted and become law. Europe will have far weaker network neutrality rules than the US, and the European Internet would become less free and less open.

[Barbara van Schewick is the Director of the Stanford Center for Internet and Society]