Tech Law Ch. 1

Information Society & Net Neutrality

What is Tech Law + what is “legal disruption”?

Tech law studies how law responds to rapidly changing digital technologies and intangible goods.

Legal disruption = refers to tech challenging traditional legal concepts such as ownership, property, control and liability

What are intangible and non-rivalrous goods?

Intangible = goods that are digital/non-physical goods like data or streaming services

Non-rivalrous = goods that can be consumed simultaneously by many people without depletion (e.g tv shows, music files)

What is digital convergence?

The merging of tech, media, and services into unified digital systems (e.g phones combining calculator, music player, internet and communication functions)

What are the main legal challenges of the information society?

• Ownerships of data / content

• Privacy

• Personal Data Processing

• Jurisdiction across boarders

• Protecting information that is easily copied & transmitted

What is Net neutrality?

The principle that internet traffic must be treated equally without blocking, throttling, discrimination or prioritization based on content, source or destination.

What are the four main principles of EU Regulation 2015/2120?

• No blocking (art 3)

• No throttling (art 3)

• No discrimination (art 3)

• Transparency of network management practices (art 4)

What is zero-rating?

A practice where certain apps/services do not count toward a user’s data cap, giving them preferential treatment.

Why was Telenor Magyarorszag incompatible with net neutrality rules?

Because only certain zerp-rated apps remained usable after the data cap was reached, while other services were slowed down or blocked for commercial reasons.

Why did Vodafone violate net neutrality rues?

Vodafone’s zero-rating only applied domestically ; roaming traffic abroad counted against data limits, creating unequal treatment of traffic.

What are rivalrous vs non-rivalrous goods?

Rivalrous goods = CANNOT be consumed simultaneously by multiple people (e.g jacket)

Non-Rivalrous goods = CAN be used simultaneously by multiple people (e.g digital media)