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Full-Text Articles in Law
Justice, And Only Justice, You Shall Pursue: Network Neutrality, The First Amendment And John Rawls's Theory Of Justice, Amit M. Schejter, Moran Yemini
Justice, And Only Justice, You Shall Pursue: Network Neutrality, The First Amendment And John Rawls's Theory Of Justice, Amit M. Schejter, Moran Yemini
Michigan Telecommunications & Technology Law Review
As broadband becomes the public's technology of choice to access the Internet, it is also emerging as the battlefield upon which the struggle for control of the Internet is being fought. Operators who provide physical access to the service claim the right to discriminate among the content providers who use the infrastructure in which the operators have invested. In contrast, content providers warn that exercising such a policy would "undermine the principles that have made the Internet such a success."[...] For academic observers, analysis of this issue has thus far been confined to the areas of property law, innovation, and …
From The Cluetrain To The Panopticon: Isp Activity Characterization And Control Of Internet Communications, Eric Evans
From The Cluetrain To The Panopticon: Isp Activity Characterization And Control Of Internet Communications, Eric Evans
Michigan Telecommunications & Technology Law Review
If ISPs are exposed to liability for forwarding others' messages--messages originating with other ISPs or with the ISP's own users--the norm of universal mutual message forwarding that underlies the present operation of the Internet will be threatened. This Note will argue that society presently confronts a choice between a common carrier Internet characterized by universal mutual message forwarding and a monitored and controlled Internet. Part I will describe the underlying rules that govern ISPs' liability for their users' actions. Part II will argue that the present statutory regime governing ISPs' liability for users' copyright infringement includes elements that provide ISPs …
Schizophrenia Among Carriers: How Common And Private Carriers Trade Places, Rob Frieden
Schizophrenia Among Carriers: How Common And Private Carriers Trade Places, Rob Frieden
Michigan Telecommunications & Technology Law Review
This article will examine court cases and actions by the Federal Communications Commission (FCC) that distort the traditional concepts of common and private carriage by establishing new rights and responsibilities previously applicable to the other category of carrier. This article will also consider the feasibility of (a) maintaining the traditional common carrier regulatory model and (b) continuing the application of that model to basic services provided by local exchange carriers (LECs). This is especially important as LECs qualify to become private carriers tapping new market opportunities, even within the same geographical region where they provide basic services. Finally, this article …