The issue of net neutrality could soon lead to an extended and contentious debate in Europe with the start of the New Year.

Generally, net neutrality relates to the design of a network. Yet it is a complex topic for many reasons, not the least of which is because definitions of the term can differ. One report claims there could be about 12 unique definitions of the term worldwide.

For instance, in Europe Neelie Kroes, vice president of the European Commission, has one definition of net neutrality. It forms a cornerstone of a current proposal which could soon be debated before the European Parliament.

“But critics argue that her definition of net neutrality is diametrically opposite to the standard industry definition and understanding of the term,” Info Security Magazine reported.

To fuel the fire, there are some strong statements being released to criticize current proposals. For instance, under the Kroes plan, the European Digital Rights Group (EDRI) says “providers will be able to monitor users' internet usage ‘ranging,’ … from visits of websites to the receiving of e-mails" and be able to legitimize "the slowing down of bit rates or the restriction of access to allegedly illegal services and content." The EDRI claims this would violate the Human Rights Declaration and the EU Charter of Fundamental Rights.

Also, European Data Protection Supervisor (EDPS) Peter Hustinx has argued, "Any monitoring and restriction of the internet activity of users should be done solely to achieve a targeted, specific and legitimate aim. The large-scale monitoring and restriction of users’ internet communications in this proposal is contrary to EU data protection legislation as well as the EU Charter of Fundamental Rights. Such interference with the rights to personal data protection, confidentiality of communications and privacy will do little to restore consumer confidence in the electronic communications market in Europe.”

In addition, Jérémie Zimmermann, a spokesperson for La Quadrature du Net, a digital rights advocacy group based in France, further claims, “If the EU Parliament lets Neelie Kroes' text go through without amending its Net neutrality (News - Alert) provisions, the only beneficiaries will be the dominant telecom operators, at the expense of freedom of communication online and innovation in the digital economy.”

One recent report, Understanding Net Neutrality and Stakeholders’ Arguments, has been released by Strand Reports, and tries to clarify some of the forces and issues around the controversial topic.

“The net neutrality debate is often derailed by people who have a religious approach to the issue and make emotional, seemingly inviolable arguments that puts one set of stakeholders above all others rather than taking the time and process for a multi-stakeholder dialogue,” Strand Reports said in a statement.

The debate comes too as there are significant increases in wireline and wireless network traffic, and the sector is seeing many changes. “Google, Facebook, Netflix, Skype (News - Alert), Apple, Microsoft and WhatsApp have blurred the lines about the providers of data, voice, and video, and have captured regulatory attention,” Strand Reports said. “As telecom revenues are declining globally and governments want more broadband infrastructure investment, the economic and political arguments of the debate are evolving. Furthermore, given costs and looming regulation, various parties are finding their own traffic management solutions, which depart from the archetypes which formed the original net neutrality arguments.”

There are concerns too which relate to economics, freedom of expression, human rights and politics. What makes the issue even more complex, according to Prepaid MVNO, is that telecom companies typically see a “transparent regulatory process where rules are clear, and each party gets the chance to express its opinion. With the net neutrality debate, those days are over.  Using social media and the press, small actors can exert an outsized influence on the debate.  Operators will come under fire when and where they least expect it, and they will likely be attacked for a mistake.” The report notes other forces and factors which are shaping the net neutrality debate.

Net neutrality organizations are backed funded by foundations and Internet companies. Then the organizations employ top lawyers and experts. Also, some of these organizations use a public relations method known as “astroturfing” – which appears like individual citizens are concerned about an issue at grassroots level, when the movement is really getting generated by more powerful organizations. At the same time, net neutrality is the kind of issue where politicians can get attention, is a popular topic for media coverage because of the conflicts involved, and many times operators are ill prepared for a net neutrality attack, Prepaid MVNO said. 

These forces could well be at play in Europe as the region tries to address net neutrality. Resolving the debate will be a challenge but new regulations are still likely. Political leadership will be needed in Europe to iron out a solution.