How We Won The Battle On Net Neutrality In Europe

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How We Won The Battle On Net Neutrality In Europe
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Reflections on the events leading to the decision for net neutrality in the European parliament.
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and it
and about
OK thank you very much and then let's get to it we start with the history it they and the history of net neutrality in the last 5 years is is a very short and simple 1 it started with militaries in the beginning of 2010 explaining that she deeply
loves net neutrality and that in her nomination hearing In in her nomination hearing in the European Parliament she said that she'd even drawn a little hearts next to it in her speaking notes which is lovely and then she became less sure about whether she liked net neutral as you're not so then she launched a consultation and then the consultation and then a consultation and then a consultation and then the consultation and in the end she decided that she did indeed love net neutrality and but proposed that they uh regulation of uh with enough loopholes in this to make sure that uh net neutrality would and no longer be possible in the European Union so she loves this she part she loved it she wasn't sure whether she loved it and then finally she decided that she loves that and that she doesn't love the and that's where we ended up in September of last year with the launch of the
regulation yeah and this just a few words about that direct the Body of European Regulators of electronic communications deflected European umbrella often national regulatory authorities and these guys are quite important flavone Entity legislation because it's always the regulator wind forces it into kind of translates between technology and policy and there it did pretty good job because state of objectified to debate to give a lot of facts that came up with statistics about how many violations of eternity DIR and so we have to think the but now get let's dive into this proposal that Neelie Kroes um released in September 2013
everybody was at this stage sure in which I actually and as soon as we saw the proposal of but we were certain that this is not a good thing and to sum it up there is nice and the rest of his family and that was of and in and
millions of Europeans are affected with our proposal and what is at
stake now is so you can still
use your the duty of internet what do I mean with deuterium to him walking and shuffling this is absolutely clear language and it is a guarantee for blocking a throttling the
hurt consumer we heard to economy we current strategic future you'll get back pay for and unsustainable for an unsustainable for our whole economy going humans must get the package they pay for that is a very open lack of that 1
thing that's a very important lesson that I think a
lot of people here in the Commission and elsewhere learnt from the debate and the active process and that is the importance of transparency and the importance of a role for Parliament in that
young and that was by dramatic but but that's what it felt like and when we started working on this proposal because um will come later back to the strategy of the Commission and how well she orchestrated and the whole thing but now let's look into the package and it is a legislative practice to telecoms and market includes regulations which means binding European laws full 28 Member States on various subjects this includes the and I'm allocation allocation of radio spectrums and the way you could authorize yourself as a telecommunications provider in the EU regulatory restrictions for example that the is that 2nd to is responsible for all European subsidizers of budget you come so mobile Austria will be regulated by Germany and this all boils down to a big market consolidation In the idea of economy of scales they wanted to replace the hundreds of small eyes bees in Europe with just 2 of 3 or 4 big pan-european what's and the 2 most important in most discussed parts of this package word-end of roaming charges and I'm sure you heard of that in the media and the killing of mentality and those 2 are connected and the deal commission struck with the internet telecommunication industry was OK you have to give up roaming charges but will allow you to make much more money in the Internet without metrology and dead that's shortly
dive into the parts about not mentality did during their and 1st of all i'd has a voluntary Internet censorship so any provider can start censoring that sites services providers protocols without a court warrant and without any legal grounds just as a voluntary measure to teach of prevent serious crime without giving a definition of serious crime of apples and it includes Internet fast lanes on the consumer sites in the form of specialized services as so that you have certain services we have to pay more order company pays more and then you have a better access than in the best effort Internet and it also has fast lanes on the backbone so our wedding Internet providers connect between each other and date included an obligation for pay quality-of-service appearing so called the should service quality and of
course are the most now form of net attempt to violations the they are price discriminations and volume exclusions so that if you use Spotify you don't have to walk pay for don't multi-volume use but any other provider and you have to pay for the full amount of music of EU industry and if we look deeper what's the
logic behind all these proposals against net neutrality no matter if you look in the US Brazil or in Europe at its full in
principle that sending party metric pace model and these are original slides from budget to the become I would explain this evolution of business models in the Internet as they say so and we have to say we're very grateful to book Dodger telecom and the European Association at no
for being quite so clear about what they want because there if they have said that it would have been difficult to believe so the way the Internet works is you put something online and it's available to everybody and that's what the Internet is that how it functions before up at no called for in the ITU um wikis discussions uh year and a half ago and what . telecom proposes here again is to break a part of how the Internet functions and do it basically backwards and so the sending party the websites the search engine the video service the music service whatever would be descending party and they would pay to get access into Dutch telecoms network or into France Telecom's network so they the concept that it is as the bishop of picture from Deutsche Telekom shows that they build walls
they build walls that you pay to get access through they get a new monopoly they get a monopoly of you as the user's they decide who pays the most to get access to you and on the basis of that they develop a new monopoly and they can charge whatever they want they can decide which company winds of which continue loses online and um with vast they've got a new monopoly they win in the short term and everybody else loses in the short-term medium-term and the long-term knowledge stifling bit into the wages all works and still again using dares lights on from their
presentation this is basically the way the Internet works like now we have users that request content from content providers and then it runs through the website that runs through the network and there are agreements for transit for appearing and through which the data flows in the global network and at the end it is delivered to the customer the model they propose as the 2nd faster lines out we have a quality of service which means nothing else than and a better quality EDA but dedicated bandwidth for a less jitter less latency some characteristics will on the way the data flows which is better some and which gives them those services to campaign for the fostering an advantage over their competitors and there's 1 part missing which I added T and these other specialized services this is the consumer side of the same model and here we have a two-sided error because doesn't matter if you pay for the Spotify special access or a Facebook is paying for and sponsoring your Facebook CEO traffic In both cases and they want to change something on on-axis level to give as we say unfair advantages to certain parts of the network
and coming back to the slides it's basically all it is it's about where IP packets flow money should flow as well now collected a strategy of the Commission
way data on wanted to sing to go through parliament and massive before there was September 2013 and of the as you may know now and we have the European elections and European elections means that a I mean normally at generative stopped working and of all prepare for the elections you may be finished the last ensues that are still open but you don't have to have and you don't have the time and resources to really dive into a new complex issue and even more so if you have a legislative package that is huge in scope and deals with many various and very different areas so you wanted to use the lectures to put time pressure on the parliament the added a populist element and that's forming roaming make sure that this whole thing went through the parliament at all because every politician wants to go into the election of 2 bit of ending roaming and this is the reason why I they thought it was successful in the 1st place if you look at a lot of them which we do very intensively you see a lot of star in complex is language which is not apparent at 1st and there are many new polls which are heat for example in the general non-discrimination clauses society in Article 20 5 and it has about 1st sentence which is within the limits of any contractually agreed of volume and speaks a provider should not be allowed to discriminate and this you think OK there are limits on volume speed as we all know but if you look at close and look at it closer and you come to the conclusion that an outside of the amount to data volume of providers still able to discriminate the and the 4th point India strategy was to always pretend to support mentality and the social media collocation off to commission and spokesperson right we've we've seen in the peer review I was always there and we are for negative energy we making sure didn't know discrimination is happening and no blocking fucking is happening this was the airline all over and they were we tends using the internet and for making PR granted law in the press to conference in which state release the whole thing the even gave it a hashtag connect connected continent so I think this was the 1st law which came on with a hashtag but this is the process in
the European Parliament and with all the various committees that are involved in drafting the opinion in I'm voting on this text and refining it until it comes to leading committee the industry Technology and Research Data committee and then it comes to the plenary and that we basically been working on all those committees of have been working with older over Tauzin amendments that were tabled in all of these committees the various politicians old opinions and reports we analyzed all of them every single change that anybody proposed to the text the went through our office and to skip forward to
the plea we well is to see here we 1 Our which was quite dramatic for us because it was of we are uncertain about how it will end until the final moment and at the end there were many things that we compared to because you pull the proposal and he's went through with 2 votes from the Social Democrats the Liberals to queens and laughed and data what's knowing this law which went for Parliament we got you mentality of principle was in short although the text is still not perfect we still have to deal with the Commission proposal and as i in their final stages only and smaller changes were possible because the amendment could be changed all of the text in the final stage and and we have for example 1 big problem with a constant false at the end it's up to the national regulatory authority if you want to enforce mentality or not but these the could use loopholes to get out of debt obligations and another nasty element which is closely connected to the plenary what is the argument of child pyelography and here we have and that of the
explain the the left this make sure all that child pornography is taken all of the Internet and as a result of serious crimes are prevented the amendments tabled by the lacked the Greens and the Liberals particularly amendment to fall through a would to stop then being able to do this this is irresponsible and dangerous and that amendment must not be allowed to go through to stop this notion of serious crimes and this is cool and you let the military excuse me
and that most actionable and he lost action of the Calkin of the is there is 1 issue that is close to to my
heart and it's fighting against child could not acceptable and I believe that idea of going to helium all it
finding like hell and I'm thinking of that if you not acceptable
In these and defined so if we are in the if there are
concerns about opening up to unjustified action against legitimate and decides which by the way I don't see a problem then the solution this and that is what I'm just mentioning to retain article 23 paragraph 3 although and it's and and have all of the
information in that way for horrible
things like child not be that are illegal to international laws there should be no obstacle to joint effort to identify and blocks the light we are on the same page this is for so the new
proposal and should article
plants week paragraph 3 should not go ahead and it and it the this vote if the EU be frame for citizens this is taken the opportunity to good great of barriers to make life easier and less expensive and the and this is the moment when I start getting really angry and jumping up and down
because I have never in my long time in Brussels seeing anything more shameless and shameful paradoxically than than this the European Commission proposed in its uh legislation that's uh 2 things 1st of all that nothing in the regulation would make it illegal content legal and secondly uh that companies should be allowed to interfere with traffic to in an unspecified way uh and prevent or impede unspecified and undefined a serious crime the European Court of Justice recently pointed out in the data retention case that there is no European definition of serious crime
the text on um voluntary interferences with traffic was deleted by several of the committees each time Europe the European Parliament committees deleted this text the European Commission said nothing it said nothing when the Cultural Affairs Committee delays that it said nothing when the Legal Affairs Committee and then 2 days before the vote there were phone calls received by parliamentarians raising concerns that this text this vital text that the European Commission chose not to mention in the previous 9 months of discussion was urgently needed in order to protect the fight against child pornography
these rules that exist in a minority of Member States that don't exist in Germany that don't exist in most countries in europe were essential 2 days before the vote 2 days before the vote went there they could see there was a majority against the position that they were taking then they decided to start talking about child pornography then it just before the vote in the the Commissioner was stressing how important how close to our heart this issue walls yeah and then the amendments went through and she treats she could not be happier this is breathtaking In its awfulness the and I'll about connect and yeah mean now that's enough about that to present stages will come back to death because he would do it later but fizzled like to put a bit about a campaign we did on to safety that that you website
which was a coalition of various NGO so far from all over Europe including an edX now botanic is itself NetScribe substitute actin it's of freedom and several others and we ahead at video
day which I will not play but it's also nice to do a lot of social media stuff to and get this issue out in the open on that to make people talk about it but because hepatitis still is something which is often perceived as too complex and we wanted to make it really simple and and we also used
a new tool of which are knowledge was never used before a campaign debt and we had a fox which is were people could send a fax to parliamentarians with just 1 click and this of yeah kind of escalated we had a very very many factors that were sent out and foxes have 2 big advantages 1 and there is no real spend filter for Fox's and the 2nd is that the fact is a more compatible to the older generation and normally no parliamentarians the domain of the evil is done by system but 2 faxes are different things and so we could physically make the voice of the people heard in the offices of the parliamentarians and their personal document using paper in front of the eyes so it's harder for them to
ignore what the people want and to give you some numbers and of oral 40 thousand facts sent by people
and because it's not always that easy to send effects that has to be paid the trail that the fax number you sending from should not be blocked by the Parliament because they realize that the could black bloc all the facts as at 1 stage but we were faster and then we just change to burn a number and so I don't like more this half or more of how often the factors were also delivered to the fax machines of the parliamentarians and the safety Internet that you compare was also new in a way that we had the whole campaign website on an open source collaboration platform called the top so the whole source code of the campaign was online and therefore everybody to edit and this openness whether but it could propose changes to the text of or at the layout of the site or even translated led to the fact that we have saved the internet now translated into 9 languages and then besides the English words and we did every every area item 9 8 were done by volunteers and soldiers it also was a great success in a way that if you make contain open and give 2 tools into the hand of people then on will make pretty things within the hour and this is x is not about the
countries that that was at and and development graph of the web site and we
and even built more be coalitions we at this price comparison website um which had a beacon of right corner that Neutrality Act and even people and we never
expected to support mentality this is the Dutch gay checked we had no idea oddities things even exists out this company even exists and but for some reason we got an immense amount of traffic from them because they had this peak at on the website and that is
all that at once it was to a natural just attack because we were so popular that our site went down on we just added capacity and then were up again let's draw some
conclusions about to complain and why did it work out for lasting effort you need to an educated elite you need people that we work with the the the text will post the parliamentarians that the process that keep track of every amendment that's tables and kind of translate from this very legal way of looking at that neutrality to a more understandable way and and without that these people are good but these people alone don't make up a good contain oracle mobilization unique grassroots members you need at people who work bottom-up we just find the into something new and creative with it we could never thought of it so that's also 1 reason why we try to be as open as possible with the safety intimate compact and at the end and you have to form diverse and brought coalitions and if it would just have been converts if it were just as being the people that off anyway already interested in that political issues we never would have won this fight our we have big support from the other communities with it supports for Marshall isn't collectives form of our economy so many companies realize this is vital for their existence and so with many start up alliances joining us in the fight in Brussels and investors already goes
into advocacy and now i and over 2 child and the key thing that he that
we did in in Brussels was um was recycling and there are 5 people in our office there's only so much that 5 people can do their 766 at last count parliamentarians and there are lots of people in the Commission there are lots of people in the Council you can only do so much if you working directly uh with makers the trick is How do you produce information that will allow other people to help you and 1 of the things that we did was that a very early stage we produced a booklet fondant neutrality what is net neutrality how does it work what are the key characteristics what's needed was not needed I've got about 50 of them in my suitcase behind the stage where I want to not bring them back to Brussels please remind me at the end I can give anyone a copy if they wanted and secondly we produced our analysis we produced information about what everything meant in order to allow people to is the more easily understand the parliament was being pushed into a very uh absurd times timetable and being the staff part parliamentarians the policy stop the needed as much clear simple correct accurate reliable information as possible so uh we produced in the analysis uh at the beginning explaining what the regulation meant for net neutrality uh every draft opinion from the for opinion committees that can match we produced an analysis of each of the the amendments that the parliamentarian in charge was proposing each of the thousand or so amendments that were tabled in all of the different uh committees were analyzed were given a red yellow green uh coding for being good OK or or bad and we gave we dropped this all into the laps of the people but needed so if they were going to help us we're going to help them to help us because we were helping them in their short timetable and and if you were cynical you could say that the Commission was trying to manipulate the parliament by giving them a short timetable but of course that meant that they needed to reach eyes to trusted civil society partners more quickly to get the information as well um access to the online markets is crucial for a for business particularly for a new start up businesses so we produced a 1 page document to mobilize businesses to explain to them why a net neutrality was necessary uh in we noticed that the European Commission and uh the uh at no which is the uh association of poetry of Europe structure telecoms and were contradicting each other uh and themselves quite frequently so we produced uh a comparison document explaining exactly how and when they were contradicting themselves and
as as elections come up there's a lot of attention a lot of competition between different political parties and parliamentarians so we uh source to be a little bit more colorful and uh humorous so uh when uh the parliamentarian in charge who is not very friendly to net neutrality produce uh a Frequently Asked Questions document uh we produced in documents uh giving the correct answers to the questions that she was slightly incorrectly answering and became impressively viral in the in the parliament and shortly before the most the Commissioner Neelie Kroes uh sends a letter to parliamentarians giving her spin on what was happening and when we were reading and we talked this is kind of lost in translation we need we need subtitles to explain but she actually means so we produced a subtitle version of nearly leisure which was similarly found its way around the parliament uh faster than that then were used to and then we got together with the other civil society organizations that with companies uh with consumer protection organizations and we submitted a last-minute paper from all of us head to tell parliamentarians this is what we want and this is why we want to so uh ultimately uh it was all about uh building tools to help people build on it to have help people to help us and 1 of the most uh shocking examples of of this
was a new an a score cards that we did and most of the
parliamentarians broadly were in favor of net neutrality yes indeed uh committee the parliamentarians that would normally be on our side were being quite quite as and the parliamentarian from the conservative side of the house that was in charge of wasn't really the reflecting part we thought the pro net neutrality position of the majority of conservatives walls so um we took the analysis that we'd already done of the green yellow and red uh amendments and we did well Thomas but together this uh this image which basically showed parliamentarians that what was happening in the discussions among the the leading and these numbers European Parliament was not actually reflecting what they wanted and what like you would think I would think that you wouldn't need to tell the Parliament what the Parliament was doing um but uh these images were produced and sent to the Committee and it had I would say probably the most decisive effects of anything that that we did during the whole campaign and I would I need to say as an aside that um our entries new member access um was heavily involved in our analysis of the of the documents and helped make this change happen and so really uh um we give this information it was received it was understood and the majority began to change in our favor and we obviously at
is is not just an NGO in Brussels it's an association of 36 inches from around Europe including several uh in Germany like C C C and to get out the shaft and we also work for a closely with the with with big European consumers bureau and we worked with uh the European Broadcasting Union who obviously have a key interest in making sure that metrics are open and um we and produce the analysis that a marriage a lot of companies to understand why they should be more involved and we worked with the Netflix the voice online coalition which is a VoIP organization uh open forum Europe greenhouse and the austrian start-up Association for that methodology which um
grew like a mushroom that it wasn't there 1 moment and then thanks to the horse manure delivered by the European Commission it grew very very quickly and that was very helpful in persuading business-oriented parliamentarians to support a position so that's the Parliament and then sadly the it doesn't end with the parliament in Europe they're not with you but look at the legislative process you have to commission the proposes text then it goes to the Parliament and Council and now we are defined
stage of the Council and that means that the Member States all 28 of them
not have to decide about maternity in about the whole package and a yeah so as things stand and a lot of countries haven't uh been very clear about whether they support neutrality legislation or not and there is uh there a few countries France uh the Netherlands and Slovenia who were uh and Luxemburg listless has never forget Luxemburg and who are unequivocally for strong clear and enforceable net neutrality legislation as Spain the United Kingdom and the incoming presidency of the Council Italy there are quite strongly opposed so uh within the next 6 months or so there will be a a lot of discussion in the Council and the initial round of discussions is is currently under way and then
it goes back to the parliament to be the text adopted by the Council goes back to the parliament and the parliament as things stand the problem from what I have to vote again basically and in order for the European Parliament to uh adopt had to oppose the council In the 2nd reading they need an absolute majority of all parliamentarians as things stand with the opinion polls there will be a significant portion of the parliament that is anti-european which means that they will vote against everything which means that getting a majority to to go against the Council if needed and uphold the views of the uh of the European Parliament and the needs of European citizens will be uh a lot more difficult uh and so on you're a lot of you chairs you will have a little flyer for the we promise campaign uh this is a
campaign to get people more interested in the European elections uh to vote for candidates that support the uh the charter on that we promised on the campaign and uh it's um very it's not a joke unfortunately the European Parliament elections are vastly underestimated and we had a actor we had a net neutrality we had the internet blocking and if we don't do what we can now together friendly Parliament uh for the next 5 years we will have an unfriendly parliament for the next 5 years so please sign up to we promised of you thank you slight aside to and to to also look at what's next so you all may have heard about the
FCC rules that are proposed and that will be decided upon on May 15 and is of course could have a big impact on the decision of many countries because the US is still seen as the the brother of the Internet and so on although we have this big goods decision in Europe and in Brazil who but we also adopted an negativity legislation and with the FCC decision it could also go the other way and is could persuade many countries to fall back in line to what telecom industry and on the other side if we could have all positive approach to the European Digital again outstanding we could also see this as a competitive advantage and then maybe more innovation will happen in IT sector in Europe and that yeah that's
basically is because we want to have some time left for questions these are the credits and for the organization that helped
us with this campaign and and also wanted to think cabinet was in Allston nice view is also present and he's the guy who took care of the 40 thousand facts it
and other questions the the the we have a microphone here I the the understood everything or nothing yet there is a question hello on your core from University of Helsinki I was just wondering if you were probably cooperating more with certain parties than others of which part is would you say that were the most sort of most helpful during this process because obviously you ideas they have the most influence within the parliament and you can influence of the rest of the parliamentarians through these key key individuals so which were these individuals in which were these participatory cooperative with and it's not quite as simple as it sounds in the 4 when we're basically I was it was the 1st time that I've been involved in a campaign that there were
um good friends on in every political group and the conservative group the PP um the parliamentarian in charge of the whole dossier it was pillar took steel and she was driving her agenda forward so it was it was very difficult me you can guess whether there would have been more or less helpful but but we didn't have as much um direct support from the EPP members uh because the Castillo running the show on behalf of the PPE it was difficult for anyone to be publicly or even privately um working in a position working against what she was doing and there are several extremely good so uh uh and and parliamentarians in the PT group who understand neutrality and who were doing things quietly uh in this particular case the other obviously the the Socialists the Greens uh the liberals um and even the the uh European uh group of conservatives and reformists cost less to the right of the conservatives and in the world cooperation with us more or less and we had the more subtle communications with with the people the we thank you the so if 2 minutes that yet
another question it would the yeah and my question would be Europe strategy for the uh stages untill now was very much lobbying in Brussels and taking a support from the Member States organizations and do you have any plans in incentivising the the growth of such organizations in different Member States because um as I see there there are very few Member States represented an through these national organizations are there any plans to an yeah contacts uh activists in different countries and motivate them to build national groups to lobby their governments and what yes is the is the short answer and that it's it sounds kind of ridiculous but 5 years ago there was nobody at all in Brussels working on digital rights issues full-time uh in the last 5 years is grown from 1 person in Brussels to 5 people and we've had um crisis after crisis
with with actor with net neutrality uh with Internet blocking with various voluntary uh measures and and we've grown to the size and the credibility that we can run campaigns like this the next step is How can we help activists particularly in Central Europe uh for the very few organizations to give them whatever they need to to become more involved with their with their governments to get more involved in with their parliamentarians in Brussels um and that we have a a new communities manager whose part of his brother a long list of tasks will be to identify as such organizations and give them as much support as we can all that 1 thing and if you look at it and and and myself coming from an 80 member organizations and my opinion of entry was always good but when I had a chance to work there for a 2 half months on this package have been realized how crucial the work of a tree is in Brussels and that in many topics they are the 1st and deal design of 2 things we have for a civil liberties online and because nobody's watching in the European legislative process and therefore I'm we need this at the office to be to watch stopped to translate from European policy to this point a finger up where things are burning and at the same time we need and the Member States active we now have to data protection regulation engine that resulted regulation which of both stuck in the
Council so without the possibility for national campaigns which are coordinated throughout Europe and we will have a big problem getting the things through that we fight for in Parliament so these 2 things tied back together quite heavily and so the the task you're asking is exactly what license uh it's a lot for 5 people to do so any more questions yeah the it's a very simple question why is it only 5 people from is about money yet we can't employ people if we don't have but each employed where this money comes from uh the money mainly comes from uh foundations um last year and the year before we also got money from the European Commission uh in the European Commission's funding program for 2 thousand and 14 hasn't been launched yet uh so we don't know if that's going to be relied upon have you tried reaching out to 0 you're supporting organizations to w you'd have yes what's the answer and well yeah you have to bear in mind that only 2 genomes of the site in Germany is very dynamic and impressive but and in there are 4 or European countries of 5 that have organizations that have staff Digital rights organizations Germany the Netherlands UK Poland France and None of or other organizations have staff of their own and they're completely voluntary so and off where exactly they can for that they can get the budget to give to us is also question we're trying our best we would prefer we need to be about twice as because we are uh we're doing everything we can to become prices because I think this is a task for your audience then for all of us and we accept donations and NFS variance in the forward so that was the intention of this presentation that at the thank you the and at the the and I highly appreciate your work and uh maybe just as models such as in if you don't know the guys from the beach chart you take maybe can be very supportive of the it was just another talking on the Republican there and we we also of course have to be careful not to get in the way of our member organizations reference but it's it's we can discuss it over beer sometimes forget that it's worth looking at it you so if we don't have any further questions I would say thank you to it too must loaning I until many and yeah if you have any questions i guess that too few will just stay for a couple of minutes what he gives place but an adequate proposal cuts and image what a complete In intima that the space misread few this is but it is not