Law Commons^™

Only Connect, Kevin Werbach

Kevin Werbach

There are two kinds of legal rules for communications networks, such as the Internet and the telephone system. Interconnection rules define how and when networks must exchange traffic with each other, and non-discrimination rules prevent networks from favoring some customers’ traffic over others. Each approach has unique strengths and weaknesses. The distinction has never been fully appreciated, even though regulators have imposed both requirements many times.

Non-discrimination questions predominate in communications and Internet policy today, thanks to the high-profile battle over “network neutrality” rules for broadband networks. Yet both sides in the network neutrality debate are mistaken. The central challenge …