OTT Regulation - The Internet is becoming not-so-free

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Date: 06-May-2015
No. of pages: 46
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Over the last decade a completely new economy has evolved based on the Internet and OTT players. While this had until recently been actively encouraged to galvanise the economy, there is now simply too much revenue involved for the players not to receive regulatory intervention. This report looks into such OTT regulatory landscape in the key areas of net neutrality, competition, tax optimization, privacy, and copyrights; the key stakes in each area and how regulation is rolling out (or not) in various leading nations. Main countries covered include Australia, Canada, Germany, France, Spain, Italy, Japan, South Korea, Netherlands, UK and USA, with India, Taiwan and New Zealand also covered depending on the topic. The European Union as a whole is also covered. List of players


  • Airbnb

  • Amazon

  • Aol

  • Apple

  • AT&T (ex SBC)

  • Cisco

  • Coca-Cola

  • Dell

  • Dropbox

  • eBay

  • Evernote

  • Facebook

  • GE Company

  • GetAround

  • Google

  • Handy

  • HomeAway/VRBO

  • iinet

  • Kakao Talk

  • KT

  • Lindedin

  • Lyft

  • Madison River

  • Microsoft

  • MyClean

  • Netflix

  • Pfizer

  • Procter & Gamble

  • Rakuten

  • RelayRides

  • SK Telecom

  • Skype

  • Starbucks

  • TaskRabbit

  • Telstra

  • T-Mobile

  • Twitter

  • Uber

  • Verizon

  • Vonage

  • Yahoo!

  • Yelp


Slideshow contents


  • Overall synthesis: sharing economy regulation required for tomorrow

  • Net neutrality: FCC unleashing the nuclear option, ongoing uncertainty in Europe

  • Net neutrality: an emerging regulatory patchwork

  • Competition (1/2): Internet giants and the unfair use of their dominance

  • Competition (2/2): Economy sharing players causing unfair competition

  • Data collection: users concerned, but only few of them taking action

  • Taxation (1/2): Internet giants "avoiding" full payment of corporate tax

  • Taxation (2/2): Economy sharing players and collection of relevant tax

  • Intellectual Property (Copyrights): Graduated response most popular

OTT Regulation - The Internet is becoming not-so-free

Table of Contents

1. Executive Summary

2. Methodology & definitions

3. Net Neutrality
3.1. Key stakes
3.2. Net neutrality regulation
3.3. United States

4. Competition
4.1. Key Stakes
4.2. Sharing economy players endangering traditional businesses
4.3. Internet giants

5. Tax optimization
5.1. Key stakes
5.2. Internet giants
5.3. Taxation and sharing economy

6. Privacy
6.1. Key stakes
6.2. Privacy regulation

7. Copyrights
7.1. Introduction
7.2. Anti-piracy policies
7.3. The press issue

8. Miscellaneous
8.1. VoIP
8.2. Encryption, surveillance

List of Tables

Table 1: OTT regulation deployment level per domain, per country
Table 2 : European net neutrality approaches
Table 3: Legal State of Uber in select countries
Table 4: Major OTTs diversifying into various service domains
Table 5: Comparison of VAT rates on linear and on-demand audiovisual media services
Table 6: Corporate tax paid by 5 leading Internet players in France in 2011, in comparison to what these players would have paid had they been located and taxed in France
Table 7: Tax/profit ratio paid by leading US Internet and non-Internet companies
Table 8: Examples of sharing economy providers and their criteria of sending tax forms
Table 9: Examples of tracking tools
Table 10: Main characteristics of antipiracy policies in Common Law and Civil Law countries
Table 11: Examples of graduated response implemented by selected countries

List of Figures

Figure 1: Protesters at an FCC hearing on net neutrality (December 2014)
Figure 2: Ofcom presentation on Net neutrality (2006)
Figure 3 : South Korean net neutrality guidelines
Figure 4: Uber post confirming the temporary suspension in Spain
Figure 5: Yelp document showing how Google abuses its dominant search position
Figure 6: The "Double Irish" and "Dutch sandwich" scheme
Figure 7: Number of VoD providers situated in selected European countries
Figure 8: "Starbucks Commitment to the UK", explaining their stance on corporate tax
Figure 9: Airbnb Q&A page explaining local taxes and listing the locations in which Airbnb collects and remits the tax automatically
Figure 10: Uber's blog post providing tax support for drivers using its platform
Figure 11: Users concerned about private companies' and governmental interference with privacy
Figure 12: Estimate of lost revenues due to electronic piracy in the recorded music sector, worldwide, 2010–2018
Figure 13: Illustration of the French three strikes procedure
Figure 14: Description of Verizon's Copyright Alert Program
Figure 15: Evolution of the number of piracy threat letters sent by type of content in Germany, 2011-2014
Figure 16: Members of Reform Government surveillance (April 2015)

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