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Articles 1 - 8 of 8

Full-Text Articles in Law

Network Neutrality And The First Amendment, Andrew Patrick, Eric Scharphorn Oct 2015

Network Neutrality And The First Amendment, Andrew Patrick, Eric Scharphorn

Michigan Telecommunications & Technology Law Review

The First Amendment reflects the conviction that the widest possible dissemination of information from diverse and antagonistic sources is essential to public welfare. Like the printing press, the Internet has dramatically transformed the marketplace of ideas by providing unprecedented opportunities for individuals to communicate. Though its growth continues to be phenomenal, broadband service providers— acting as Internet gatekeepers—have developed the ability to discriminate against specific content and applications. First, these gatekeepers intercept and inspect data transferred over public networks, then selectively block or slow it. This practice has the potential to stifle the Internet’s value as a speech ...


Law And The Open Internet, Adam Candeub, Daniel Mccartney May 2012

Law And The Open Internet, Adam Candeub, Daniel Mccartney

Federal Communications Law Journal

The FCC has issued a new set of Internet access regulations and policies (namely Preserving the Open Internet Broadband Industry Practices, Report and Order, FCC 10-201, rel. Dec. 23, 2010), which would prohibit broadband service providers like AT&T or Comcast from discriminating against unaffiliated content providers. The FCC's proceedings, and the network neutrality debate, concentrate on two economic questions: (1) whether to broadband service providers can or will steer traffic to affiliated content limiting consumer access, and (2) how to preserve the Internet's capacity for creativity and innovation. Yet despite the prominence of economics in the debate ...


Trustworthiness As A Limitation On Network Neutrality, Aaron J. Burstein, Fred B. Schneider Jun 2009

Trustworthiness As A Limitation On Network Neutrality, Aaron J. Burstein, Fred B. Schneider

Federal Communications Law Journal

The policy debate over how to govern access to broadband networks has largely ignored the objective of network trustworthiness-a set of properties (including security, survivability, and safety) that guarantee expected behavior. Instead, the terms of the network access debate have focused on whether imposing a nondiscrimination or "network neutrality" obligation on network providers is justified by the condition of competition among last-mile providers. Rules proposed by scholars and policymakers would allow network providers to deviate from network neutrality to protect network trustworthiness, but none of these proposals has explored the implications of such exceptions for either neutrality or trustworthiness.

This ...


Keeping The Internet Neutral?: Tim Wu And Christopher Yoo Debate, Tim Wu, Christopher Yoo Jun 2007

Keeping The Internet Neutral?: Tim Wu And Christopher Yoo Debate, Tim Wu, Christopher Yoo

Federal Communications Law Journal

"Net neutrality" has been among the leading issues of telecommunications policy this decade. Is the neutrality of the Internet fundamental to its success, and worth regulating to protect, or simply a technical design subject to improvement? In this debate-form commentary, Tim Wu and Christopher Yoo make clear the connection between net neutrality and broader issues of national telecommunications policy.


Opening Bottlenecks: On Behalf Of Mandated Network Neutrality, Bill D. Herman Dec 2006

Opening Bottlenecks: On Behalf Of Mandated Network Neutrality, Bill D. Herman

Federal Communications Law Journal

This Article calls for mandated "network neutrality," which would require broadband service providers to treat all nondestructive data equitably. The Author argues that neutral networks are preferable because they better foster online innovation and provide a more equitable distribution of the power to communicate. Without mandated network neutrality, providers in highly concentrated regional broadband markets will likely begin charging content providers for the right to send data to end users at the fastest speeds available. The Author demonstrates that regional broadband competition and forthcoming transmission technologies are unlikely to prevent broadband discrimination, ad hoc regulation under current statutory authority is ...


Network Neutrality, Broadband Discrimination, Tim Wu Jan 2003

Network Neutrality, Broadband Discrimination, Tim Wu

Faculty Scholarship

This paper examines the the concept of network neutrality in telecommunications policy and its relationship to Darwinian theories of innovation. It also considers the record of broadband discrimination practiced by broadband operators in the early 2000s.


Hate Crimes And Everyday Discrimination: Influences Of And On The Social Context, Lu-In Wang Jan 2002

Hate Crimes And Everyday Discrimination: Influences Of And On The Social Context, Lu-In Wang

Articles

This article discusses aspects of hate crime that make it somewhat unexceptional. By making these points, I do not in any way mean to imply that hate crime is not a problem worthy of attention in the law. To the contrary, I believe that to point out the unexceptional aspects of hate crimes is to highlight just how important a problem hate crime is, and may help us to develop more effective ways of addressing it. My points are based largely on lessons drawn from social science and historical research on the effects of and motivations behind bias-related violence. Specifically ...


'Suitable Targets'? Parallels And Connections Between 'Hate Crimes' And 'Driving While Black', Lu-In Wang Jan 2001

'Suitable Targets'? Parallels And Connections Between 'Hate Crimes' And 'Driving While Black', Lu-In Wang

Articles

While hate crimes may tend to be less routine and more violent than discriminatory traffic stops, closer examination of each shows the need to complicate our understanding of both. The work of social scientists who have studied racial profiling reveals striking similarities and connections between these two practices. In particular, both hate crimes and racial profiling tend to be condemned only at extremes, in situations where they appear to be irrational and excessive, but overlooked in cases where they seem logical or are expected. The tendency to see only the most extreme cases as problematic, however, fails to recognize that ...