Open Access. Powered by Scholars. Published by Universities.®
Articles 1 - 1 of 1
Full-Text Articles in Law
Internet Governance And Democratic Legitimacy, Olivier Sylvain
Internet Governance And Democratic Legitimacy, Olivier Sylvain
Faculty Scholarship
Even as the Internet goes pop, federal policymakers continue to surrender their statutory obligation to regulate communications in the first instance to extralegal nongovernmental organizations comprised of technical experts. The Federal Communications Commission’s conclusion that a major broadband service provider's network management practices were unreasonable is a case in point. There, in the absence of any decisive legislative or even regulatory guidance, the FCC turned principally to the engineering principles on which the Internet Engineering Task Force bases transmission standards: to wit, (1) decentralization, (2) interoperability, and (3) user empowerment. This impulse to defer as a matter of course to …