Fundamental Rights on the Infobahn: Regulating the Delivery of Internet Related Services within the European Union

The European Union (EU), and its Member States, is currently struggling with the question of if and/or how to regulate the rapidly expanding content and services available over the Internet, an international communications medium. Some Member States are unilaterally acting to regulate the delivery of Internet related services, while other Member States are still debating whether they should regulate. The EU continues to study the issue, proposing that the Member States cooperate together to resolve the issue. This Note posits that as a result of the uniquely international nature of the Internet, and the cultural, political, and social issues its use engenders, that: (1) the Internet should be regulated; (2) at a regional nation-state level through regional economic integration organizations such as the European Union; and (3) that this regional level action should be coordinated with global international agreements. The Note reviews a selection of responses to the regulation of the delivery of Internet related services promulgated by various Member States. This Note then explores the competencies and powers of the European Union to regulate the delivery of Internet related services and why a regional level response is the most appropriate model of regulation