THIS IS REFLECTIONS, our weekly roundup of events in the legal and technology sector, covering various topics and interesting learning points for today’s professionals.
If you couldn’t make an event, don’t worry, we probably made it and have all the juicy scoop for your reading pleasure and learning.
Do you have an upcoming event you would like us to know about or attend? OR do you know of one you would like to read about? Send an email to us HERE.
TOPIC: UNDERSTANDING NET NEUTRALITY
DATE: 15th March, 2022
TIME: 1pm
The webinar kicked off with the first speaker, Chika Oke of Duale, Ovia & Alex-Adedipe law firm speaking about the history of Net Neutrality and understanding the concept in Nigeria as well as its measures and impacts in the world today.
While speaking, members of the audience were introduced to the idea of Net Neutrality. According to the speaker, Network Neutrality which is commonly known as Net Neutrality refers to the equal, non-discriminatory access to the internet by all and sundry. It is the principle that Internet service Providers(ISPs) must remain neutral and impartial when providing Internet access. ISPs must treat all Internet communications equally and not intentionally block, throttle, discriminate, prioritize or indiscriminately charge for access to specific online contents, applications or websites.
The term “Network Neutrality” was coined in 2002 by Columbia University media law professor- Tim Wu. At the time, some well-known US broadband providers, banned home internet users from accessing virtual private networks (VPNs) while some others banned users from using WiFi routers. In a 2003 paper, Wu worried that broadband provider’s tendency to restrict new technologies would hurt innovation in the long term and called for anti-discrimination rules that would ensure a level playing field amongst internet users.
Why does Net Neutrality Matter?
The audience were made to understand the importance of this concept. Net Neutrality matters because it has the potential to shape the future of the Internet, and with it, our access to knowledge. Without Net Neutrality regulations the Internet is a throttled, restricted and tightly controlled landscape where both consumers and content providers exist to enrich ISPs.
Who does Net Neutrality affect? It affects internet users, content providers and internet service providers and it does so in very different ways.
When is Net Neutrality happening? It has been an issue since the earliest days of the internet. The Federal Communication Commission(FCC) Open Internet Order of 2010 has been the major sticking point in the past several years as has been the FCC’s passing of Title II Net Neutrality Rules in 2015.
What are the Pros of Net Neutrality?
Proponents of Net Neutrality include human rights organizations, consumer rights advocates, software companies, who believe that open internet is critical for democratic exchange of ideas and free speech, fair business competition and technology innovation.
Advocates for Net Neutrality suggests that by not allowing ISPs to determine the speech at which consumers can access specific websites or services, smaller companies will be more likely to enter the market and create new services.
Advocates view Net Neutrality as a cornerstone of open internet and propose that it be mandated by law in the US to prevent broadband providers from practicing data discrimination as a competitive tactic
What are the Cons of Net Neutrality?
Critics include conservative think tanks, hardware companies and major telecommunications providers. They suggest that by forcing ISPs to treat all traffic equally the government will ultimately discourage the investment in new infrastructure.
It also creates a disincentive for ISPs to innovate.
Lastly, the providers argue that they must be allowed to charge tiered prices for access to remain competitive and generate funds needed for further innovation and expansion of broadband networks as well as to recoup the costs already invested in broadband.
ACROSS THE GLOBE
In the US, the Federal Communications Commission (FCC) rolled back the Open Internet Order of 2015 which imposed Net Neutrality requirements on internet access service providers (IASPs) and instead enacted the Restoring Internet Freedom Order 2018 which inter alia, imposed disclosure of network management principles on IASPs to ensure that they abide by the Open internet principles by reducing their incentives and ability to violate those principles.
In the European Union, the European Commission presented to the Parliament in April 2019 its report about the implementation of the net-neutrality provisions of regulations (EU) 2015/2120 across the EU. Under the EU rules, ISPs are prohibited from blocking or slowing down internet traffic except where necessary.
In Russia, Net Neutrality laws were passed in 2016. Russian legislations focus on nondiscriminatory access to content- that is the content not censored by the government. Russia’s regulation demonstrates that in oppressive societies Net Neutrality is not the whole issue.
In Australia, there are no Net Neutrality laws. Internet service in the country is regulated by the Austrian Communications and Media Authority.
In Nigeria, the NCC appears to be in support of Net Neutrality and has accordingly responded by releasing a Draft Internet Industry Code of Practice (the Draft Code) sometime in2017 that requires IASPs to comply with Net Neutrality requirements once enacted.
In concluding remarks, the aim of Net Neutrality and Net Transparency is to balance interests between the ISPs and internet content providers by enforcing protections against content and application discrimination.
The work done by the Nigerian Communication Commission (NCC) shows that the Net Neutrality provisions of the Draft code are consistent with the global standard for Net Neutrality rules adopted in other jurisdictions. However, the Draft Cose is yet to have the force of the law, and thus cannot be asserted at this time.
Speakers
Chika Oke, Senior Associate at Duale, Ovia& Alex-Adedipe
Simi Salau, Partner at OAS Law
Solomon Okedara, Partner at Solomon Okedara & Co. and Co-founder Digital Rights Lawyers Initiative.
IMMIGRATION STRATEGIES FOR INVESTORS AND ENTREPRENEURS
The first speaker started by saying that the world is indeed a global village. Therefore, and that there is no gain saying the fact that immigration is a naturally occurring factor in trades and businesses, she also mentioned that goods and services often travel from their origin to the consumers/end users. Sometimes, the journey is enhanced by technology and some other time, it requires physical migration. As the global business environment evolves, new opportunities for entrepreneurs and investors emerge round the globe and this results in the transition from local to Global and that it is usually followed by foreign investment which is a situation where a foreign national entrepreneur establishes a local presence in the investment destination. It then becomes important to consider the development of an efficient immigration strategy in order to aid and facilitate trade in goods and services.
On who is a foreign national entrepreneur and why is important to develop an efficient immigration strategy, she mentioned that a foreign national entrepreneur is a person why commences or establishes a business presence in another country. This may imply foreigners doing business in Nigeria or vice versa. Most entries at the world recognise the value addition of foreign entrepreneurs to their economies and in rectum, they formulate policies and regulations to guide the operations of such foreign owned businesses. One of such are immigration laws and policies Thus a major paint for consideration in determining foreign investment for any entrepreneur is immigration requirements. This is because immigration requirements will determine the suitability of the operation of a foreign owned business in any proposed country of investment. It is therefore important for foreign national entrepreneurs to develop immigration strategies.
On Creative approaches to develop an efficient immigration strategy, she mentioned that creativity denotes being idea driven, in other words, the ability to find a way around a situation. This implies that immigration strategies for various foreign national entrepreneurs will differ along the lines of the nature of their business, the country of investment and the peculiar needs and visions of the entrepreneur. This means that one cap does not fit all entrepreneurs must device creative approaches to navigate immigration formalities in their countries of investment and the peculiar needs and vision of the entrepreneur.
On the Steps to create an efficient immigration Zoom, she mentioned:
- Think 350 Degree: to create an efficient immigration strategy. an entrepreneur should always have a full picture and not approach immigration strategies with a mindset or stereotype.
- Gather information on all applicable immigration eligibility and requirements: Hero it is advisable to seek professional advice from an expert immigration consultant.
- Determine the most suitable options for your business model, then streamline based on business goals and objectives.
- Create a compliance checklist/calendar to ensure compliance with immigration legislations and policies.
On the Benefits of an effective immigration strategy, the speaker mentioned:
- Goal oriented, poised to achieve targeted result
- Ensures compliance with the relevant laws
- Job creation
- Enhances a dynamic economy
- Economic growth
Second speaker
She spoke on Investment and Entrepreneurship in Nigeria, she noted that generally, investment and Entrepreneurship has increasingly become key drivers to job creation and economic grown in any nation and Nigeria is not an exemption as it recognises need to increase local and investment and entrepreneurship in order to accelerate its economic development.
She mentioned that regulations guiding foreign investment include, Investment and securities Act, CAMA and Immigration Act regulation.
On policy frame work she mentioned that this include: Registration with CAC, Visa requirements, Business permits, Expatriate quota, One-step investment centre.
She noted that Incentives includes:
- Legal protection of property and business interests of foreigners against government impairment (Sect. 44 of the 1999 Constitution).
- Expropriation Compensation.
- Tax exemptions and relaxations for foreign investments, especially in areas of industrial development.
- Tax Holiday e.g. for pioneer companies and Tax credit on local raw materials utilization
- Relief from import duties.
- Export processing zone incentives.
- Capital importation and repatriation, as well as profits.
- Compensation for damage caused by Riot.
She mentioned that Limitations include:
- Validity Period: e.g. for example, the Employment Visa (Expatriate) is valid for a period of two (2) years and subject to renewal.
- Activities: The activities to be carried out by a foreign Investor or entrepreneur is determined by the class of visa held by him/her.
- Registration requirement may be slow and tedious
- Monitoring of foreign nationals through the filing of monthly expatriate quota returns
- Nature of required skill or occupation Regulation of designate skills or capacities to be filled by foreigners
