The paper discusses the topical subject of network neutrality, from a US and European legal perspective. The article will begin by first defining network neutrality before addressing the underpinning technology and will then compare the legal approaches adopted by Europe and the U.S. In Europe, there is an existing electronic communications regulatory framework which can be used to address the network neutrality problem which renders any further legislation unnecessary and perhaps detrimental to the current framework.

In the US, however, the main concern arising is a potential for a “fragmented” Internet, which leads us to conclude that network neutrality legislation is necessary on multiple levels. The article will conclude that the US stance on network neutrality legislation will cause a seismic shift in the way we view technology and the way that networks are accessed and utilised.

While network neutrality has been the subject of heated debate in the US, the topic has received far less global attention. In this paper, the authors explore network neutrality from a European and US standpoint, with particular focus on the international implications arising from the US stance on network neutrality legislation.

The paper is divided into four sections. The first section will examine the notion of network neutrality as defined by Wu and Berners Lee and define the scope of “network neutrality” as it relates to this paper. The second and third sections will discuss the current European and US legal frameworks. The differences in network infrastructure are examined in light of the contrasting legal frameworks in the US and Europe

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