A principled approach to network neutrality

The issue of regulation for mandated network neutrality is currently live in both the United States and the European Union. Traditionally the models applied have been of the command and control or market regulation variety. Both approaches have been extensively criticised and both have suffered setbacks in recent years. This paper suggests it is time to abandon our experiments with traditional business regulation models and move to a principled approach for network neutrality. This principled approach based upon the rights to privacy, expression and freedom to carry on a business identifies the Internet as a public good which requires to be protected from interference if we are to fully realise its democratic potential. The proposed principled, or rights-based, approach to net neutrality would see regulations for network neutrality based in principles of fundamental rights and not business or market regulation principles. We believe this would be a radical new model for network neutrality regulation.