Internet traffic management under EU regulation 2015/2120 – the need for the co-operation of legal and computer scientists

Abstract

EU Regulation 2015/2120 introduces a network neutrality regime into European electronic communications law. The application and enforcement of the abstract rules established by the regulation influences all the stakeholders in the internet value chain. The regulation’s provisions are ambiguous and inconclusive. Legal and computer scientists must co–operate to provide an interpretation of those provisions that would, first, respect the rights of the end–users of internet access services and provide a user experience in line with the regulation, and second, respect the technical realities of managing traffic on the internet. The paper presents the legal framework of traffic management under the regulation and exposes problems which may only be resolved by a synthesis of the legal and computer science approaches. These include: the classification of traffic management measures into basic, reasonable and exceptional categories, recognized by the regulation; the admissibility of traffic classification; the definition of congestion befitting the regulation; the role of traffic management measures in congestion control. If these issues are not resolved, the exercise of the rights of end–users of internet access services may be limited, and the providers of these services may be subjected by national regulatory authorities to unreasonable obligations.