IGF 2022 DCNN Internet Openness Formula: Interoperability + Device + Net

The session was opened by DCNN coordinator, Prof Luca Belli (FGV Law School) and the session co-moderator Ms Smriti Parsheera (CyberBRICS Project). They stressed that over the past decade DCNN coalition has been advocating for open, secure, and non-discriminatory Internet, affordable and accessible to all people; promoting Network Neutrality as this fundamental principle plays an instrumental role in preserving Internet Openness; fostering the enjoyment of Internet users' human rights; promoting competition and equality of opportunity; safeguarding the generative peer-to-peer nature of the Internet

Since its creation this Coalition has explored the various dimensions of Net Neutrality and Internet Openness, acknowledging that Internet Openness is a multifaceted concept, and the debate on Net Neutrality and non-discriminatory traffic management is only part of the broader openness debate

Over the past years, Internet Openness analyses have increasingly focused on interoperability and device neutrality, acknowledging that net neutrality is only one necessary yet not sufficient ingredient of a successful internet openness formula, which include Interoperability + Device Neutrality + Net Neutrality.

Yet, net neutrality debates keep on being popular in policy circles, especially at the EU level, with the recent discussions regarding the introduction of a "fair share" proposal based on the "sender party network pays" model and its compatibility with networks neutrality principles. But also, at the south Korean and Latin American levels, as discussed by participants.A large number of Interne Openness related issues were explored by the speakers, including:

• Lina María Duque del Vecchio, Commissioner at the Colombian Communications Regulator, Comisión de Regulación de Comunicaciones, Latin America, Government, Latin America
• Maarit Palovirta, Senior Director Regulatory Affairs of ETNO, Private Sector, Western Europe
• Thomas Lohninger, Epicenter Works, Civil Society, Western Europe
• Angela Daly, University of Dundee, Academia, Western Europe
• Sabelo Mhlambi, Founder of Bhala, Private Sector, Africa
• Kyung Sin (KS) Park, Director of Open Net Korea, Civil Society, Asia-Pacific

Stakeholders manifested diverging views on the so called “fair share proposal” stressing that it might undermine Internet Openness, as emphasised in the Open Letter addressed to DCNN members to EU Commissioners, in October 2022 https://internetopenness.info/29-internet-experts-and-academics-send-a-letter-to-the-commission-urging-to-abandon-the-sending-party-network-pays-proposal/

Stakeholders also broadly agreed on the usefulness of the elements defined in the DCNN 2022 Outcome, the Open Statement on Internet Openness https://www.intgovforum.org/en/filedepot_download/92/23885

Namely, the Statement stresses the importance of:

1)     

Network Neutrality is the principle according to which Internet traffic shall be treated without discrimination, restriction, or interference regardless of its sender, recipient, type or content so that Internet users’ freedom is not restricted by favouring or disfavouring the transmission of specific Internet traffic. Exceptions to such principles shall be necessary and proportionate to achieve a legitimate aim.

2)     

Interoperability is the ability to transfer and render useful data and other information across systems, applications, or components (horizontal interoperability) and for third parties to build upon a certain technology (vertical interoperability). The combination of transmission and analysis involves several layers of interconnection, requiring the achievement of various levels of interoperability. At a minimum, one should distinguish between the lower (network) and the upper (application) layers, pointing to a division between infrastructural interoperability and data interoperability.

3)     

Device neutrality is the property ensuring users’ right to non-discrimination in the services and apps they use, based on platform control by hardware companies. That means users can have a choice of the application they prefer to use, regardless of the brand of device they are using. In other words, device neutrality is instrumental to achieving the ability to run any application so that users can access and share to all applications, content, and services, as long as they are deemed legal in a given jurisdiction, which is essential to achieving an open Internet

Lastly, participants stressed that stakeholder should stop analysing internet openness focusing merely on the Internet access layer approach but should work together to understand how internet openness is threatened and can be preserved via a systemic approach.