The web's commercial infrastructure providers say they need an incentive to invest, while die-hard proponents of its public utility function believe it should be as free as the air they breathe. The European Council and Parliament on June 30 forged an agreement that gave some ground to each side.
Neutrality purists will deride a carve-out for what the European Commission terms "services of higher quality". Yes, there is a danger that this exemption could result in an internet with fast and slow lanes. It could also become a loophole for abuse: the definition of specialised content tends to shift as technology advances.
Much will depend on the final text of the agreement, which has yet to be released. Only then will it be possible to judge whether Europe's rules are indeed the world's "strongest", as the Commission has claimed. On the evidence of the summary published, though, the rules look at least as strong as the United States'. Europe's recognition of the web's commercial realities is welcome. Though some may complain about discrimination, internet providers should be able to offer more attractive bundled packages to certain high-volume users. That is a basic sales practice found in almost any market.
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Internet regulation in Europe is a work in progress.
There is still no oversight of commercial agreements that allow content providers to place their servers near a telecom operator's network in order to boost their services' efficiency. And the penalties for abuse of the fledgling rules will have to be determined by individual member states. There is a danger that the deterrents will be inadequate. So far, however, Europe has struck a positive balance on neutrality.
