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Parliamentary Committee Leading AVMSD Debate Rejects Upload Filtering But Leaves Much to be Desired

Despite the apparent improvements on intermediary liability protection provisions, a concern we had previously highlighted, the text adopted in the Culture & Education (CULT) committee of the European Parliament remains far from satisfactory, raising new concerns around the take down of legal content, and thus threatening freedom of expression online.

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Telecoms regulators Lay Down Strong Guidelines for Implementing EU Net Neutrality Rules

The Body of European Regulators for Electronic Communications – the regulatory agency in the EU for telecommunications – has published its final guidelines for implementation of the Telecoms Single Market Regulation on Open Internet access. The guidelines firmly cement the principle non-discrimination of internet traffic while at the same time granting flexibility for effective network management, and innovation in business models and technology.

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CDT Responds to BEREC’s Draft Net Neutrality Guidelines

CDT contributed actively to the TSM Regulation process from the publication of the Commission’s proposal in September 2013 until its adoption in late 2015. We welcomed the final text, and noted that while it could have been more precise on what services ISPs may run in addition to Internet Access Services, what traffic management practices are allowed, and how commercial practices such as zero-rating should be treated, the same can be said of the US Open Internet regulation. Regulators will need to deal with these complicated questions in an evolving technology and market environment.

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A Framework for Assessing Zero Rating Arrangements

The debate over the potential benefits and risks of zero rating are growing louder and divisions increasingly stark. Opponents maintain that it violates net neutrality’s core tenet of content and application agnosticism; proponents hold that zero rating benefits network operators, edge providers, and users by lowering costs and providing incentives to “get online.” To help advance the conversations around zero rating in a manner that can be applied to a diversity of zero-rating arrangements and broadband markets, CDT has published a new paper on the topic, “Zero Rating: A Framework for Assessing Benefits and Harms”.

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EU Industry Committee Makes Strides in Protecting the Open Internet

The European Parliament Committee on Industry, Research, and Energy has approved an informal proposal on the Telecoms Single Market regulation. This moves the regulation another step closer to becoming law, with a plenary vote likely sometime this fall. The proposed regulation goes a long way towards protecting the open Internet. Although far from perfect, the agreed-upon text is a significant accomplishment that at times seemed exceedingly unlikely.

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EU Negotiators Agree on Net Neutrality Rules

Today, negotiators from the European Parliament, Member State governments, and the Commission reached a deal on net neutrality in the Telecommunications Single Market (TSM) Regulation. The final result is necessarily and visibly a compromise between very disparate views. The final text is still being tidied up, but based on the information published by the European Commission, we have a few initial observations.

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A Mixed Review for Europe's Digital Single Market Strategy

Today, the European Commission published its much-anticipated Digital Single Market (DSM) Strategy. The result is a mixed bag of good and bad ideas. The most controversial and problematic elements of the strategy focus on enhanced obligations that websites and other Internet intermediaries should have for dealing with unlawful third-party content and what regulations should apply to a subset of those intermediaries deemed “internet platforms.”

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Ministers Should Not Confuse Platform Neutrality with Net Neutrality

Ministers from France and Germany wrote to European Commission Vice President Ansip, who is in charge of Digital Single Market, calling for the Commission to prepare legislation for “essential platforms.” We encourage Ministers in EU Member States to distinguish between net neutrality and platform neutrality, and to maintain their focus on the adoption of a regulation with strong protections for the open Internet.

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Welcome to Erik Stallman

CDT is excited to announce Erik Stallman as our Director of the Open Internet Project and General Counsel. Stallman, most recently with law firm Steptoe & Johnson LLP, has expertise in both telecommunications and intellectual property policy issues, with particular experience working on Internet regulatory matters and copyright law.

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