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Full-Text Articles in Law
Supervising Managed Services, James B. Speta
Supervising Managed Services, James B. Speta
Duke Law Journal
Many Internet-access providers simultaneously offer Internet access and other services, such as traditional video channels, video on demand, voice calling, and other emerging services, through a single, converged platform. These other services which can be called "managed services" because the carrier offers them only to its subscribers in a manner designed to ensure some quality of service in many circumstances will compete with services that are offered by unaffiliated parties as applications or services on the Internet. This situation creates an important interaction effect between the domains of Internet access and managed services, an effect that has largely been missing …
Transmitting, Editing, And Communicating: Determining What “The Freedom Of Speech” Encompasses, Stuart Minor Benjamin
Transmitting, Editing, And Communicating: Determining What “The Freedom Of Speech” Encompasses, Stuart Minor Benjamin
Duke Law Journal
How much can one say with confidence about what constitutes "the freedom of speech" that Congress shall not abridge? In this Article, I address that question in the context of the transmission of speech specifically, the regulation of Internet access known as net neutrality. This question has implications both for the future of economic regulation, as more and more activity involves the transmission of bits, and for First Amendment interpretation. As for the latter, the question is what a lawyer or judge can conclude without having to choose among competing conceptions of speech. How far can a basic legal toolkit …
The Network Utility, Kevin Werbach
The Network Utility, Kevin Werbach
Duke Law Journal
The rise of cloud computing, which involves remote network-based applications and storage, is shifting the balance in the data world from distributed edge systems to centralized networked platforms. This emerging paradigm bears a striking resemblance to the computer utility, a widespread vision among technologists in the 1960s. The way the Federal Communications Commission (FCC) grappled with the convergence of computing and communications in that period shaped the trajectory of both industries. Technology and market structure have changed dramatically, but the basic regulatory issues remain: networked computers need access to communications utilities, and networked computing platforms can themselves function as public …