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Nothing New Under the Sun: Understanding Internet Toll Proposals in the European Context

 

In a recent article, Stanford University Professor Barbara van Schewick outlines the public consultation on implementing “network fees” in the European Union. Comparing it to the American tradition of “Groundhog Day,” she highlights the repetitive nature of the situation.


For over two years, the European Commission has revisited changes to the Internet and telecommunications market, often yielding to demands from major telecom companies. Policy discussions have included (i) forcing websites and applications to pay network fees to ISPs, clearly violating EU net neutrality rules; (ii) increasing market consolidation and reducing competition; and (iii) raising the prices EU residents pay for Internet access.


To justify the 2023 public consultation on the “future of the electronic communications sector and its infrastructure,” the European Commission claimed a €180 billion shortfall in funding needed for 5G and fiber rollout investments. However, Barbara argues this is false. Statistical data shows the EU is on track to meet its 2030 goals of 100% 5G and fiber-to-the-home (FTTH) coverage in all member states.


Attention now turns to the white paper “How to Master Europe’s Digital Infrastructure Needs”, published by the Commission this year. The document suggests that the EU is falling behind in funding a new type of network deemed necessary with the advent of 5G, implying a crucial revolution in computing and telecommunications.


However, van Schewick points out that, despite the white paper’s assertion of new funding, it lacks evidence to support this claim. The paper concludes that without adopting the same ineffective policy proposals previously rejected, Europe’s digital sovereignty is doomed.


By disregarding the solid opposition to proposals forcing app providers to pay telecom operators during the 2023 consultation, the Commission appears to be reintroducing the same solutions indirectly. While there is “nothing new under the sun,” the lesson for Brazil is clear: “internet toll” proposals frequently resurface in various forms. Civil society, academia, and the technical community must resist this threat and advocate for an open Internet.

 
The above text is based on a blog post by Professor Barbara van Schewick, published on July 1, 2024. The original post can be accessed at Stanford Cyberlaw Blog. https://cyberlaw.stanford.edu/blog/2024/07/its-groundhog-day-european-commission 

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