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Ships Passing In The Night: The Communications Act And The Convergence On Broadband, Stuart Minor Benjamin
Ships Passing In The Night: The Communications Act And The Convergence On Broadband, Stuart Minor Benjamin
Faculty Scholarship
The Communications Act of 1934 and its amendments (the “Act”), and the regulations implementing them, have been enormously important to traditional telephony, broadcasting, and multichannel video. Meanwhile, the internet is barely mentioned in the Act. It thus might seem reasonable to conclude that the Act stands as a colossus and that the argument for overhauling it has grown much stronger as the Telecommunications Act of 1996 (the “1996 Act”) becomes ever more outdated. In this Article I suggest otherwise. Specifically, I make three claims—one descriptive, one a bit speculative, and one normative. The descriptive claim is that significant portions of …
Common Sense And Key Questions, Stuart M. Benjamin
Common Sense And Key Questions, Stuart M. Benjamin
Faculty Scholarship
No abstract provided.
Roasting The Pig To Burn Down The House: A Modest Proposal, Stuart M. Benjamin
Roasting The Pig To Burn Down The House: A Modest Proposal, Stuart M. Benjamin
Faculty Scholarship
This essay addresses the question whether one should support regulatory proposals that one believes are, standing alone, bad public policy in the hope that they will do such harm that they will ultimately produce (likely unintended) good results. For instance, one may regard a set of proposed regulations as foolish and likely to hobble the industry regulated, but perhaps desirable if one believes that we would be better off without that industry. I argue that television broadcasting is such an industry, and thus that we should support new regulations that will make broadcasting unprofitable, to hasten its demise. But it …