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13 SCRIPTed 1 (2016)

handle is hein.journals/scripted13 and id is 1 raw text is: Volume 13, Issue 1, May 2016 Comparative Case Studies in Implementing Net Neutrality: A Critical Analysis of Zero Rating Christopher T. Marsden Abstract This article critically examines the relatively few examples of regulatory implementation of network neutrality enforcement at national level. It draws on co- regulatory and self-regulatory theories of implementation and capture, and interdisciplinary studies into the real-world effect of regulatory threats to traffic management practices (TMP). Most academic and policy literature on net neutrality regulation has focussed on legislative proposals and economic or technological principles, rather than specific examples of comparative national implementation. This is in part due to the relatively few case studies of effective implementation of legislation. The article presents the results of fieldwork in South America, North America and Europe over an extended period (2003-2015). The countries studied are: Brazil, India, Chile, Norway, Netherlands, Slovenia, Canada, United States, and those within the European Union. Empirical interviews were conducted in-field with regulators, government officials, ISPs, content providers, academic experts, NGOs and other stakeholders from Chile, Brazil, United States, India, Canada, United Kingdom, Netherlands, Slovenia, Norway. It also explores the opaque practices of co-regulatory forums where governments or regulators have decided on partial private rather than public diplomacy with ISPs, notably in the US, Norway and UK. The article notes the limited political and administrative commitment to effective regulation thus far, and draws on that critical analysis to propose reasons for failure to implement effective regulation. Finally, it compares results of implementations and proposes a framework for a regulatory toolkit. The specific issue considered are the tolerance of zero rating practices, notably as deployed by mobile ISPs. DOI: 10.2966/scrip. 130116.1 0 © Christopher T. Marsden 2016. This work is licensed under a Creative Commons Licence. Please click on the link to read the terms and conditions. Professor, University of Sussex School of Law, Sussex, United Kingdom.

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