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Full-Text Articles in Law
Invoking And Avoiding The First Amendment: How Internet Service Providers Leverage Their Status As Both Content Creators And Neutral Conduits, Rob M. Frieden
Invoking And Avoiding The First Amendment: How Internet Service Providers Leverage Their Status As Both Content Creators And Neutral Conduits, Rob M. Frieden
Rob Frieden
Much of the policy debate and scholarly literature on network neutrality has addressed whether the Federal Communications Commission (“FCC”) has statutory authority to require Internet Service Providers (“ISPs”) to operate in a nondiscriminatory manner. Such analysis largely focuses on questions about jurisdiction, the scope of lawful regulation, and the balance of power between stakeholders, generally adverse to government oversight, and government agencies, apparently willing to overcome the same inclination. The public policy debate primarily considers micro-level issues, without much consideration of broader concerns such as First Amendment values. While professing to support marketplace resource allocation and a regulation-free Internet, the …
The Future Of Internet Regulation, Philip J. Weiser
The Future Of Internet Regulation, Philip J. Weiser
Publications
Policymakers are at a precipice with regard to Internet regulation. The Federal Communications Commission's ("FCC") self-styled adjudication of a complaint that Comcast violated the agency's Internet policy principles (requiring reasonable network management, among other things) clarified that the era of the non-regulation of the Internet is over. Equally clear is that the agency has yet to develop a model of regulation for a new era. As explained in this Article, the old models of regulation - reliance on command-and-control regulation or market forces subject only to antitrust law - are doomed to fail in a dynamic environment where cooperation is …