Network neutrality in the era of 5G - a matter of faith, hope, and design?

摘要

The article addresses the relationship of network neutrality (NN) and 5G, while abandoning technological determinism. Contrary to recent developments in the US, current EU law includes NN rules which imply non-discrimination and equal treatment of all internet traffic with specific exceptions, including in the case of congestion prevention. For their part, visions of 5G include tailored solutions for individual use cases, while prioritisation or guarantees for time-critical applications, such as autonomous vehicles, will become crucial. This means that differentiation rather than equality lies at the core of 5G. At the outset, NN and 5G seem to collide and contradict. Indeed, telecom operators have expressed concerns on the feasibility of EU regulation in terms of investments and innovation. However, viewed from the perspective of end-to-end (E2E) design principles, NN and 5G are not inevitably (merely) at odds. Moreover, network design, including the principle of neutrality, is a matter of choice. For its part, embracing diversity presents an alternative to promoting neutrality. The article thus promotes a societal debate on NN in the era of 5G which considers various dimensions from technology and economics to law and policy.