Netnod policy statements

At a high level Netnod has three main concerns with the NIS2 directive and its Swedish implementation in a cybersecurity context. 

At a high level Netnod has three main concerns with the request for comments regarding a national cybersecurity center (NCSC).

Netnod sees several problems with introducing yet another definition of critical and important services, this one in the context of foreign ownership.

Netnod is of the opinion that PTS suggests a geographical and product market definition which implies that electronic communications services are vertically integrated services, rather than services produced through the coordination of many actors, many of which are network operators. 

Netnod is critical of the suggestion to force private actors to participate in such a group, and instead Netnod suggests that participation should be based on market logic. That is, the public should use market instruments rather than legal impositions to ensure fruitful participation. 

Netnod has answered that there are substantial challenges for connectivity in Sweden. Most importantly, the public needs to be able and willing to finance robust and resilient digital infrastructure. 

Netnod notes the increased interest to ensure proper functioning of the Internet, although through vague terms such as “broadband” and “gigabit infrastructure” rather than specifying what the Internet or Internet Access is. Netnod is of the opinion that the legislator should take height for the global and distributed nature of the Internet and design policy thereafter.

On 2 September 2023, Netnod was given the opportunity by Sweden’s Ministry of Defence to comment on an inquiry into models for contingency supply and planning (SOU 2023:50). Netnod is critical that the investigation did not thoroughly investigate the issue of long term infrastructure investments and costs.

Netnod has commented on several aspects of the consultation, but with emphasis on the issues of end-to-end-regulation in the space of vertically separated communications services. The consultation suggests that number independent interpersonal communications can be compared to telephony in terms of control over the message flow and contents. This is simply not true.

Do not fix what is not broken. Netnod is against the suggestion that a metric should be developed based on which content providers should reimburse network operators.

Netnod welcomes the additional attention brought to the important topic of cybersecurity by the Cyber Resilience Act. However, Netnod believes that approach is fundamentally suboptimal and effort should instead be put towards accountability in the digital world. That is, instead of laying down ex-ante design requirements for digital products, the regulation should improve ex-post accountability processes in a digital environment. 

Netnod sees some advantages to the proposed and slightly altered regulation with regards to electronic communications. However,  Netnod believes that approach is fundamentally suboptimal and greater effort should have been put towards designing a legislative framework for the digital communications required for a digitised Sweden and Europe.