Net neutrality & Covid-19: trends in LAC and Asia Pacific | IGF 2023

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During the conversation, Javier begins by expressing gratitude to the person he is speaking to in various languages, such as “gracias” in Spanish and “ciao” in Italian. He then bids farewell using the phrases “nos vemos” and “bye-bye.”

Javier then brings up the topic of drafts, suggesting that he believes the woman he is speaking to has some.

However, he appears uncertain about this assumption, repeating the statement “I think she has drafts” to indicate his lack of certainty.

The purpose of discussing this topic seems to be to engage in conversation and explore ideas related to drafts.

However, the conversation stalls as the woman repeatedly uses the phrase “Creo que…” to share her thoughts, indicating her own uncertainty or hesitation in expressing a definitive opinion.

These exchanges highlight the tentative nature of their conversation and the absence of concrete information or consensus regarding drafts.

It appears that they are both searching for common ground or a clearer understanding of the subject matter.

Overall, this conversation offers insights into the interpersonal dynamics and communication style between Javier and the woman, as well as their shared uncertainty about the existence of drafts and their desire to engage in conversation.

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The analysis examines the impact of net neutrality on internet usage in Peru during the COVID-19 pandemic. It underscores that the internet infrastructure was unprepared for the surge in information flow caused by the pandemic, resulting in network overload. To address this issue, the Peruvian government allowed operators to prioritize certain data packages through emergency actions.

This was done to alleviate the strain on the network caused by increased device usage for work and entertainment during the pandemic.

One argument presented is that the exceptions made by the Peruvian government to net neutrality regulations were necessary to adapt to changes in internet usage patterns.

For example, the government developed the ‘Aprendo en Casa’ platform to provide educational materials to students. Telecommunication companies were given the flexibility to prioritize data packages related to remote work and learning. This decision aimed to ensure uninterrupted access to essential services, such as online education, during the pandemic.

However, the analysis also highlights concerns about selective zero-rating in Peru.

Zero-rating refers to exempting certain data packages from usage limits or charges. The stance put forward is that Peruvian regulations permit zero-rating as long as it is not done arbitrarily. However, compliance with this regulation varied among telecom companies. Several operators did not fully adhere to transparency guidelines, which require them to be transparent about zero-rating.

Only one major operator in Peru was found to be fully compliant during the pandemic. This non-compliance and lack of transparency generated a negative sentiment regarding the implementation of net neutrality regulations in Peru.

The analysis also reveals the impact of net neutrality on non-traditional forms of work, such as gamers and streamers.

It argues that prioritizing conventional work-related traffic penalized these workers, as their data flow requirements were not adequately met. This aspect highlights a potential downside of prioritizing certain types of internet traffic during periods of increased network strain.

Furthermore, the analysis extends beyond Peru and highlights compliance with net neutrality among telecommunication companies in the Pacific Alliance.

Despite being the same corporations, compliance varied across different countries in the Pacific Alliance. An example mentioned is Intelcom, a Chilean company operating in Peru, not fully complying with net neutrality transparency guidelines. This observation emphasizes the need for consistent implementation of net neutrality regulations across borders.

In conclusion, the analysis provides valuable insights into the challenges of net neutrality during the COVID-19 pandemic in Peru.

It reveals the strain on internet infrastructure, the regulatory exceptions made by the Peruvian government, concerns about selective zero-rating, and compliance issues among telecom companies. The analysis emphasizes the importance of maintaining a balance between prioritizing essential services and ensuring equal access to the internet for all users.

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During the session, the topic of network slicing with 5G and its potential impact on net neutrality laws was discussed in depth. Network slicing, which involves dividing a physical network into multiple virtual networks, allows for the creation of different logical networks on the same hardware.

This innovation opens up new possibilities for enhanced mobile broadband, massive machine type communication for Internet of Things (IoT), and ultra-reliable low-latency services.

However, it was acknowledged that network slicing could potentially affect net neutrality at lower levels that may not be covered by existing laws.

The speakers emphasised the need for careful analysis and updates to technical drafts that accompany these laws. They proposed that laws should be updated to cover potential violations of net neutrality that may occur beneath the routing, ensuring that the principles of an open and unbiased internet are upheld.

The session concluded that advancements in technology call for laws and technical drafts to be revised and adapted to accommodate these changes.

The speakers highlighted the importance of net neutrality in maintaining an internet ecosystem that fosters innovation, competition, and equal access to information. Therefore, thorough evaluation and consideration of network slicing’s implications on net neutrality are necessary to prevent any unintended consequences.

In summary, network slicing with 5G offers various benefits for logical networks, but it also poses challenges to net neutrality at lower levels.

Updating laws and technical drafts is vital to uphold net neutrality and safeguard fairness and equality in the digital space. Proper analysis and adjustments are necessary to accommodate technological advancements and maintain the integrity of net neutrality in all aspects of network infrastructure.

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Net neutrality is an essential principle that has received substantial attention and regulation in various countries and international treaties. Specifically, the Pacific Alliance, consisting of Chile, Colombia, Peru, and Mexico, has acknowledged the significance of net neutrality by enacting it into their national laws.

Furthermore, the Pacific Alliance as an organization has extended the scope of net neutrality by incorporating it into their trade protocol, setting a noteworthy precedent in international public law.

In Brazil, net neutrality is also a major topic of discussion, seen as a crucial element of internet rights and legislation.

This highlights the need for comprehensive regulations to ensure proper implementation of net neutrality. Key to this is incorporating exceptions in regulations, as they play a vital role in striking a balance between preserving net neutrality and addressing specific circumstances that may require different treatment.

However, a critical concern is the lack of an active monitoring body that ensures compliance with net neutrality principles.

Despite having legislation and dispute settlement mechanisms in place, the absence of continuous monitoring hampers effective implementation. This poses a challenge in ensuring that internet service providers (ISPs) adhere to net neutrality principles and refrain from discriminatory practices.

Additionally, the interaction between net neutrality and network slicing is a relevant aspect to consider.

Network slicing is a technique used to accommodate specific technical requirements, such as low latency for critical services like autonomous driving. Whether network slicing complies with net neutrality principles largely depends on the application and intent behind its implementation. This highlights the importance of regulating and monitoring net neutrality and network slicing practices to prevent preferential treatment or discrimination by ISPs.

In summary, net neutrality is a vital principle for maintaining an open and equal internet environment.

Its regulation in various countries and international treaties, particularly within the Pacific Alliance, demonstrates the global recognition of its importance. To effectively implement net neutrality, comprehensive regulations should be in place, including exceptions that strike a balance. Moreover, active monitoring mechanisms are necessary to ensure compliance and prevent discriminatory practices.

Overall, the regulation and monitoring of net neutrality and network slicing are critical for safeguarding the principles of an open and fair internet.

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Net neutrality is a critical principle for ensuring equal access to the internet and plays a crucial role in achieving the Sustainable Development Goals (SDGs). It prevents discrimination by internet service providers, ensuring that all users have equal access to different sites and applications.

By maintaining an open and level playing field, net neutrality fosters equitable opportunities for individuals and businesses.

Net neutrality holds significant potential in contributing to the SDGs, particularly SDG 4 (Quality Education) and SDG 8 (Decent Work and Economic Growth).

It can ensure access to online educational resources and platforms, enabling individuals to acquire knowledge and skills necessary for quality education. Additionally, net neutrality can facilitate job creation in digital environments, supporting the goal of achieving decent work and economic growth.

The COVID-19 pandemic further highlighted the importance of net neutrality.

While exceptional measures, such as traffic management for emergencies and prioritisation of access to critical digital services, were implemented during the pandemic, they were seen as compatible with the principle of net neutrality. These measures aimed to ensure that essential services and information were accessible to all, emphasising the significance of net neutrality in times of crisis.

The Pacific Alliance, comprising four countries, has made notable progress in implementing net neutrality.

It has set a precedent by incorporating this principle into an international treaty, demonstrating a shared commitment to ensuring equal access to the internet. The experiences of the Pacific Alliance can provide valuable insights for other economies, particularly in the Asia-Pacific region, seeking to regulate net neutrality effectively.

Network slicing, a complex and evolving topic, is closely associated with net neutrality.

It involves dividing a network into multiple virtual networks to optimise resources and provide tailored services based on application requirements. While some view network slicing as a means to enhance safety and efficiency in services like autonomous driving, it poses challenges in terms of maintaining net neutrality.

Therefore, careful regulation is necessary to prevent backdoor violations of net neutrality in the context of network slicing.

Investigating how companies comply with net neutrality is crucial and provides valuable insights for future research. Understanding the extent to which companies adhere to net neutrality principles can inform policymakers and regulators in designing effective strategies and policies to ensure equal access and prevent discriminatory practices in the digital landscape.

In conclusion, net neutrality plays a vital role in ensuring equitable access to the internet and contributes to the achievement of SDGs such as quality education and decent work.

Exceptional measures during the COVID-19 pandemic have underscored the compatibility of net neutrality with prioritising critical services. The Pacific Alliance stands as a successful model for incorporating net neutrality into international treaties, while network slicing necessitates careful regulation to avoid violations.

Investigating compliance with net neutrality provides valuable insights for future research and policy development in the digital realm.

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Argentina does not have specific regulations on net neutrality, but its national law on digital services indirectly upholds the principles of network neutrality. The law includes two articles that guarantee network neutrality for the services in place, ensuring equal treatment of all online traffic.

However, challenges arise regarding the distribution and concentration of internet traffic, particularly on streaming services, which can result in unequal treatment of other online services. Additionally, the practice of zero-rating in mobile services packages, where certain services like WhatsApp are exempted from data charges while others are not, raises concerns about fair treatment.

Moreover, the inclusion of IoT devices in mobile networks, such as 5G, raises questions about the feasibility of network neutrality due to the possibility of treating different types of traffic differently for functionality. Some argue that this approach may violate net neutrality, especially when it comes to time-sensitive traffic from IoT devices like autonomous cars.

Good regulation is vital to enable services for consumers and service providers, taking into account the rapid changes in the technological environment. It should provide room for future updates and improvements while ensuring fairness for all parties involved. In conclusion, while Argentina indirectly supports network neutrality through its national law on digital services, challenges persist and require careful consideration and regulation to ensure fair and equal access to the internet and foster innovation in the digital services sector.

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The discussions surrounding net neutrality and non-discrimination in the context of trade are considered to be of utmost importance. Piero, for instance, perceives these discussions as key, particularly when it comes to the trade aspect. However, it is often observed that these subjects tend to be overshadowed by more popular topics.

In terms of protecting internet-related aspects, such as free data flows and net neutrality, it is argued that these aspects should be safeguarded rather than implemented.

It is contended that these key principles already exist, and the goal should be to ensure their protection. Trade agreements play a crucial role in achieving this objective, as they should aim to guarantee the preservation of these principles.

Similarly, non-discrimination is highlighted as a principal aim in trade.

The notion of providing equal opportunities for all participants and market entrants is key. Notably, during the pandemic, specific measures were not required due to the existence of non-discriminatory regulations. Moreover, the measures taken by countries during the pandemic were generally deemed permissible from a trade perspective.

Moreover, net neutrality policies are attributed with having a positive impact on market competition and consumer choices, particularly in the case of Chile.

These policies have facilitated the entry of various technological products into the Chilean market, making it more attractive and competitive.

In summary, the discussions surrounding net neutrality, non-discrimination, and internet-related aspects are seen as critical in the trade domain.

Protecting and preserving these principles through trade agreements can help ensure equal opportunities and foster market competitiveness. Furthermore, the positive impact of net neutrality policies on market competition and consumer choices, as evidenced by the Chilean example, highlights the importance of these topics for further discussion and promotion.

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Net neutrality has emerged as a significant issue in Brazil, necessitating the implementation of regulations to safeguard the rights of internet users. In 2014, Brazil enacted a law that aimed to protect user rights on the internet without subjecting them to criminal charges.

This law allowed for the use of the internet as a means to safeguard and uphold these rights.

The Marcos Review, also known as the Brazilian Bill of Rights, was formulated through public consultations and online discussions. This inclusive approach ensured that the opinions and perspectives of a wide range of stakeholders were taken into account.

The Marcos Review enshrined net neutrality as a fundamental principle in Brazil’s internet governance framework.

However, the Marcos Review also acknowledges that there can be exceptions to the principle of net neutrality in certain circumstances. For example, it recognizes the need for traffic control and the prioritisation of emergency-essential services.

These exceptions are carefully defined and implemented to ensure that they do not undermine the overall principle of net neutrality and the protection of user rights.

The Brazilian Internet community, known as NIC.br, plays a significant role in defining and implementing these exceptions.

This organisation works closely with various stakeholders to ensure that the exceptions are justified, transparent, and in the best interest of internet users. By involving the Brazilian Internet community, the regulatory framework surrounding net neutrality becomes more accountable and responsive to the needs and concerns of the public.

Overall, the sentiment surrounding net neutrality in Brazil is neutral.

There is a call for cautious monitoring of any exceptions to the principle of net neutrality. This suggests that there is a recognition of the importance of balancing the needs for regulation and protection of user rights, while also maintaining an open and equitable internet environment.

In conclusion, net neutrality is a significant concern in Brazil, and the country has taken significant steps to address it through regulations and the Marcos Review.

The law passed in 2014 allows for the protection of user rights without criminalising them, and the Marcos Review ensures that net neutrality is upheld as a principle while also allowing for carefully defined exceptions. By involving the Brazilian Internet community in the process, Brazil’s regulatory framework aims to provide a balanced and accountable approach to net neutrality.