INTERNET NETWORK NEUTRALITY – LEGAL ASPECTS

Abstract

Internet Network Neutrality is now evident threatened. The Users of Internet Services will no longer be able to count on equal Access to the Internet Network. States are facing a great Challenge to prevent this Phenomenon, but in spite of their Possibilities they do not affect to improve the Situation. Internet Service Providers use the Opportunities provided by technology and legal Requirements to act arbitrarily on the Market. In this way they seek to eliminate all Competition and maintain existing capacity Internet Network, and to censor any content which is in the Interest of the State or the Owners of big capital. On the other hand remain the Users of Internet Services, which Rights remain only on paper because they are unable to protect their legal rights guaranteed by the State without State Institutions. Bearing in mind that the Internet Sector and the Telecommunications Sector in general is of vital importance for each Country, individuals in this regard may be little to do in order to improve the Situation. The Regulatory Agencies are established by the State and are actually nothing more than another Piece of Governmental Powers, elected by the Governmental Power. Therefore we can not talk about the Independence of these Institutions, since the Election of Members of Regulatory Agencies depends on the Government or members of political Parties. This actually and establishment of Regulatory Agencies has a symbolic role that the State takes care of Internet Users and Competition in the Market. The only thing the Citizens remain is, that by Court to achieve their basic Human Right, the Right to Communication and sharing of Informations. In this respect should help Constitutional Courts and the European Court of Human Rights in Strasbourg.