Overview of the Policy on Network Neutrality in Japan: In Comparison with the Policy Development in the U.S.

서지정보

· 발행기관 : 서울대학교 법학연구소
· 수록지 정보 : 경제규제와 법 / 5권 / 1호 / 48 ~ 59페이지
· 저자명 : Shoko Kiyohara

초록

The aim of this paper is to introduce overview of the policy on network neutrality in Japan in comparison with the U.S. case. In the U.S., network neutrality has been a controversial issue for a long time not only in the Congress but also at the FCC. Even after the FCC adopted new rules to preserve Internet freedom and openness, which is well-known as network neutrality, and the rules became effective on November 21, 2011, there are still various opponents such as Verizon Communications, Republican Congressmen and Tea Party groups. They argue against the regulations from the aspect of lack of the FCC’s authority over network neutrality issues. Moreover, the FCC is currently facing strong criticism not only from opponents but also from supporters of network neutrality rules in courts. In contrast, in Japan we have completed legal frameworks for ensuring network neutrality based on the Telecommunications Business Law. However, we haven’t completed detailed rules by the government regarding network neutrality under the legal frameworks. The paper also shows how the guideline for packet shaping was developed in Japan. Telecommunications operators such as NTT DOCOMO, au (KDDI) and Softbank implement packet shaping on data communication in accordance with the guideline. In discussion & conclusion, I will indicate similarities and differences regarding network neutrality policy between Japan and the U.S.

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