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Selected Works

2014

Net neutrality

Articles 1 - 3 of 3

Full-Text Articles in Law

The Internet Is The New Public Forum: Why Riley V. California Supports Net Neutrality, Adam Lamparello Oct 2014

The Internet Is The New Public Forum: Why Riley V. California Supports Net Neutrality, Adam Lamparello

Adam Lamparello

Technology has ushered civil liberties into the virtual world, and the law must adapt by providing legal protections to individuals who speak, assemble, and associate in that world. The original purposes of the First Amendment, which from time immemorial have protected civil liberties and preserved the free, open, and robust exchange of information, support net neutrality. After all, laws or practices that violate cherished freedoms in the physical world also violate those freedoms in the virtual world. The battle over net neutrality is “is absolutely the First Amendment issue of our time,” just as warrantless searches of cell phones were …

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Network Nepotism And The Market For Content Delivery, Tejas N. Narechania Dec 2013

Network Nepotism And The Market For Content Delivery, Tejas N. Narechania

Tejas N. Narechania

The Federal Communications Commission has officially launched its third attempt to impose network neutrality rules on Internet traffic. But before the Commission could release its proposed regulations, they leaked to the Wall Street Journal and were quickly embroiled in controversy. Chief among the objections was the possibility that the new regulations would allow broadband carriers, such as Verizon, to prioritize certain traffic, thereby creating an Internet “fast lane” that could be dedicated to select content, websites, or applications. Of particular concern was the possibility that carriers would use this power to accord special treatment to other members of its corporate …

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Sender Side Transmission Rules For The Internet, Tejas N. Narechania, Tim Wu Dec 2013

Sender Side Transmission Rules For The Internet, Tejas N. Narechania, Tim Wu

Tejas N. Narechania

In January 2014, the U.S. Court of Appeals for the D.C. Circuit struck down the FCC's 2010 Open Internet Order, which contained the Commission's net neutrality rules. The Commission has since indicated that it will take up the D.C. Circuit's invitation to implement rules that, consistent with historic practice, meet the court’s test for preventing improper blocking and discrimination of Internet traffic. In this paper, we consider the Commission's options for a path forward under Title II of the Communications Act. We find that the FCC has at least two available paths. The first is predominantly legal: By adopting the …

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