Lucas Lasota

The number of devices on which users cannot run Free Software is exponentially increasing. The consequence is an increased loss of control over users’ technology. In order to remediate this situation, the FSFE has been working with the concept of Device Neutrality, understood as a policy principle that ensures users equal access and non-discriminatory use of their devices. The FSFE has advocated for four main principles: stricter consent rules for pre-installed apps, no vendor lock-in, full interoperability, and real-time data portability. The talk will explain the concepts and the challenges ahead.

While digital devices are a ubiquitous reality in all aspects of life, control over the hardware and software running on them is increasingly being limited by internet platforms, digital services providers, hardware manufacturers, and vendors. Several policy and legal concepts have been developed by the academic sector in cooperation with regulatory bodies and courts to tackle this issue in the EU.

The whole debate boiled down to principles that have been included in the EU's major overhaul of internet law: the Digital Markets Act. Device neutrality is a policy term that translates as non-discrimination of services and apps by providers, manufacturers, and vendors. The objective of device neutrality is to enable consumers to bypass gatekeepers and enable a fair and non-discriminatory use of Free Software.

The talk will explain the four main demands the FSFE has been leveraging in the public debates and legislative processes: * Strict end-user consent for pre-installed apps; * No vendor lock-in; * Interoperability of services based on Open Standards * Real-time data portability

Router Freedom is the right that end-users of any Internet Service Provider (ISP) have to choose and use a private modem and router instead of equipment that the ISP provides. Since 2013, the Free Software Foundation Europe has been successfully engaged with Router Freedom, promoting end-users’ freedom to choose and use their own terminal equipment – first in Germany as a precedent, and now in many European countries.

In the context of the reform of European telecommunications law, EU Member States are implementing the European Electronic Communications Code (Directive (EU) 2018/1972), which impacts Router Freedom. The new law requires from National Regulatory Agencies to define in their jurisdictions the NTP – network termination point, a demarcation limit at which the ISP’s network ends and connects with the customer’s on-premises equipment. Equivalently to the telephony, the NTP varies between countries and may change over time.

The FSFE has been working with regulators, decision makers, consumer and digital organisations to protect Router Freedom in Europe. The talk is a follow up from previous years, focusing on the updates and new challenges that emerged in the last months.

Router Freedom is a net neutrality principle that Internet Access Providers (IAPs) must not the limit the users' right to choose their own routers and modems to connect to the Internet protected in Europe since 2015. However, new rules on EU has created challenges router freedom, given that IAPs will be able to limit the right based on "objective technological necessity". The talk will go through the historical aspects and future developments in Europe.

Net neutrality is the principle that Internet Access Providers (IAPs) must treat all Internet communications equally, and not discriminate or charge differently based on user, content, website, platform, application and type of access equipment. The FSFE has been involved with net neutrality advocacy in Europe since 2013, achieving positive results in Germany with a law securing end-users the right of free choice of routers and modems.

In the context of the reform of European telecommunications law, EU Member States must implement in their national jurisdiction the European Electronic Communications Code (Directive (EU) 2018/1972), which brings new rules on router freedom, allowing IAPs to limit the rights of users if they can determine an "objective technological necessity" for imposing their routers and modems on consumers.

The talk will go through the historical developments in the last two years in Europe to present an overview on the positions on the debate in regards to router freedom and the consequences for Free Software.

As a take away, the talk will propose the discussion around the main principles of net neutrality and freedom of terminal equipment within the EU legal framework.

The COVID-19 pandemic shows how dependent people are on the Internet for their work and personal life The whole internet traffic, encryption, business and work interaction are transferred through personal routers. Since 2013, the FSFE has been advocating for Router Freedom in Europe with outstanding results in Germany and effects beyond its borders.

Now, a new set of rules will challenge Router Freedom’s national implementation on EU Member States on the context of Net Neutrality. Router Freedom is regulated by three sets of rules. The first one comes from the Net Neutrality Regulation (Regulation (EU) 2015/2120), which establishes that people are free to choose their own digital equipment. The second set are the new Guidelines on the Location of the Network Termination Point (NTP), drafted by the Body of European Regulators for Electronic Communications (BEREC). National legislation and administrative acts in each EU member state will compose the third set. These are to be implemented locally by states’ National Regulatory Agencies (NRAs) in accordance with the aforementioned Net Neutrality Regulation and Guidelines on the NTP.

The challenges for Router Freedom can be divided into three groups:

1. The vague terms used by the Guidelines on the NTP. Allowing NRAs to decide the location of NTP based on “technological necessity” opens a dangerous precedent for discretionary and abusive interpretation of the Guidelines.

2. The lack of commitment by NRAs to protect Router Freedom. NRAs have been extremely conservative in applying penalties against Net Neutrality violations. Even worse, some countries, like Ireland and Portugal, have completely failed to establish sanctions against non-compliant ISPs.

3. The abusive behaviour of ISPs. ISPs are very creative in forcing their routers on customers, creating barriers that can completely block Router Freedom.

The talk will summarise what has been achieved and what is to be expected for Router Freedom.

Router Freedom is the right that every one has to choose a router/modem to access to the internet. For years, the FSFE has been successfully fighting for Router Freedom in Germany. Now the debate has reached the European level with Internet Service Providers imposing their specific routers to customers. Based on the lessons learnt in previous years, the FSFE is preparing an activity package for organisations and activists to assist them in their fight for Router Freedom in their own countries, as well as on the EU level.

Please note that this talk replaces one entitled "Open Source - Killing standards organizations or saving them" by Charles Eckel that has been rescheduled to be given at 11:40 instead.

Router Freedom is the right that every one has to choose a router/modem to access to the internet. In Europe, since 2016, it is protected by the Directive 2015/2120 - Net Neutrality Directive.

However, the status of Router Freedom in Europe differs from country to country. The core of the debate is the question of where the Network Termination Point (NTP) is located. This defines where the network of the ISP ends and where the network of the user begins. If the modem and router are considered part of the Internet Service Providers' (ISP) infrastructure, a user cannot claim sovereignty of their communication and security. Besides, ISP across Europe have been imposing their own routers to costumers in clear violation of the Net Neutrality norms.

When FSFE started the Compulsory Routers campaign in 2013, the legal situation in Germany was unclear and some ISPs were already infringing Router Freedom. Three years later, we have been successful: a law has been established which defines the NTP as the “plug” on the wall, so routers are considered the users' equipment and therefore not subject to contract limitations.

Based on the lessons learnt in previous years, the FSFE is preparing an activity package for organisations and activists to assist them in their fight for Router Freedom in their own countries, as well as on the EU level.

The lightning talk will present the basic concepts and show how the audience can organise the necessary steps in order to stard advocating for Router Freedom in their own countries.