As the European Commission prepares an upcoming proposal for a Digital Networks Act (DNA), a growing network of groups are raising serious concerns about the resurgence of “fair share” proposals from major telecom operators. The original idea was to introduce network usage fees on certain companies to pay ISPs. We have said it before and we’ll say it again: there is nothing fair about this “fair share” proposal, which could undermine net neutrality and hurt consumers by changing how content is delivered online. Now the EU Commission is toying with an alternative idea: the introduction of a dispute resolution mechanism to foster commercial agreements between tech firms and telecom operators.
EFF recently joined a broad group of more than 80 signatories, from civil society organizations to audio-visual companies in a joint statement aimed at preserving net neutrality in the DNA.
In the letter, we argue that the push to introduce a mandatory dispute resolution mechanism into EU law would pave the way for content and application providers (CAPs) to pay network fees for delivering traffic. These ideas, recycled from 2022, are being marketed as necessary for funding infrastructure, but the real cost would fall on the open internet, competition, and users themselves.
This isn't just about arcane telecom policy—it’s a battle over the future of the internet in Europe. If the DNA includes mechanisms that force payments from CAPs, we risk higher subscription costs,[...]