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초록

영어

Net neutrality is a principle that advocates no restrictions by ISP and governments on consumers' access to networks that participate in the Internet. Net Neutrality means no discrimination.
The free and open internet brings with it the revolutionary possibility that any Internet site could have the reach of a TV or radio station. The loss of Net Neutrality would end this unparalleled opportunity for freedom of expression. Net neutrality protections minimized control by the network owners, maximized competition and invited outsiders in to innovate. Net neutrality guaranteed a free and competitive market for Internet contents.
Neutrality proponents claim that telecom companies seek to impose a tiered service model in order to control the pipeline and thereby remove competition, create artificial scarcity. Many believe net neutrality to be primarily important as a preservation of current freedoms.
Opponents of net neutrality claim that broadband service providers have no plans to block content or degrade network performance. Despite this claim there has been a case where an ISP, intentionally slowed P2P communications. Still other companies have acted in contrast to these assertions of hands-off behavior and have begun to use deep packet inspection to discriminate against P2P, FTP, and online games, instituting a cell-phone style billing system of overages, free-to-telecom "value added" services, and bundling. Critics of net neutrality also argue that data discrimination of some kinds, particularly to guarantee quality of service, is not problematic, but is actually highly desirable. Opponents of net neutrality regulation also argue that the best solution to discrimination by broadband providers is to encourage greater competition among such providers, which is currently limited in many areas.

FCC argued that ISPs must not discriminate against any content or applications, and the transparency principle, which requires that ISPs disclose all their policies to customers. FCC has proposed reclassifying broadband Internet access providers under the provisions of Title 2 of the Communications act in an effort to force the providers to adhere to the same rules as telephone networks. This adjustment is meant to prevent, "unjust or unreasonable discrimination in charges, practices, classifications, regulations, facilities or services." FCC approved new rules banning cable television and telephone service providers from preventing access to competitors or certain web sites. The rules also include a more limited set of obligations for wireless providers. The rules would not keep ISPs from charging more for faster access.

목차

I. 망중립성의 개념과 논란의 배경
  1. 개념
  2. 논란의 배경
 Ⅱ. 전기통신사업법 및 IPTV법
  1. 전기통신사업법
  2. IPTV법
 Ⅲ. 논쟁의 흐름
  1. 미국 등
  2. 국내
 Ⅳ. 자유롭고 차별 없는 접속권의 보장
  1. 접속기기 접속 보장
  2. 콘텐츠 접속 후 정보 송수신 보장
  3. 애플리케이션 및 서비스 이용 보장
  4. 경쟁 보장
  5. 투명성 보장
  6. 차별 없는 접속권의 보장
 Ⅴ. 결론
 [참고문헌]
 

키워드

망중립 인터넷서비스제공자 연방공정거래위원회 소비자 접근권 웹 자료차별 net neutrality ISP FCC consumers' access web data discrimination

저자

• 임규철 [ Lim, Gyeo -Cheol | 동국대학교 법과대학 조교수 ]

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