The Limits Of Government Broadband Network Regulation

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Information about The Limits Of Government Broadband Network Regulation
Technology

Published on December 10, 2008

Author: dbrenner

Source: slideshare.net

THE LIMITS OF GOVERNMENT BROADBAND NETWORK REGULATION Daniel Brenner

The Next 20 Minutes How should we think about regulation amidst rapidly changing technology? The case of broadband network providers and network neutrality Theme: regulation belongs, but it should be the last, not the first resort, to solve network neutrality issue

How should we think about regulation amidst rapidly changing technology?

The case of broadband network providers and network neutrality

Theme: regulation belongs, but it should be the last, not the first resort, to solve network neutrality issue

Background: Who Plays, Why Important Now The “physical layer” of the Internet: from dial up ISPs to cable, telephone company residential broadband – about 60% homes today Goals of broadband : universal service, innovation, price competition, freedom of communication, human values of the Internet

The “physical layer” of the Internet: from dial up ISPs to cable, telephone company residential broadband – about 60% homes today

Goals of broadband : universal service, innovation, price competition, freedom of communication, human values of the Internet

How To Achieve These Goals? Will free market get us there? Not anytime soon Regulation , then? Enforcing “Network neutrality” – means at least, no blocking by the “physical layer” of the “content” layer but what else?

Will free market get us there? Not anytime soon

Regulation , then? Enforcing “Network neutrality” – means at least, no blocking by the “physical layer” of the “content” layer but what else?

How To Decide What’s Allowed By The Physical Layer? Rely on FCC? Theory, empirical evidence says this is not a good place to start What agency is good at Political economy of the agency The problems of regulating networks Information difficulties Success/failure in anticipating networks video dialtone 1994 Open video systems 1996 Advanced instant messaging 2001

Rely on FCC? Theory, empirical evidence says this is not a good place to start

What agency is good at

Political economy of the agency

The problems of regulating networks

Information difficulties

Success/failure in anticipating networks

video dialtone 1994

Open video systems 1996

Advanced instant messaging 2001

Alternatives: More Consistent With Cooperative, Human Values Of Internet Community values created on the internet: blogs, threads, complaints, responses – a wiki-law (cf. Sunstein, Infotopia ) + Disclosure: forcing the networks to defend themselves; holding them to disclosure in contract terms Combine these with ex post anti-trust enforcement, self-regulatory organizations Rely on FCC as last, not first resort

Community values created on the internet: blogs, threads, complaints, responses – a wiki-law (cf. Sunstein, Infotopia ) +

Disclosure: forcing the networks to defend themselves; holding them to disclosure in contract terms

Combine these with ex post anti-trust enforcement, self-regulatory organizations

Rely on FCC as last, not first resort

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