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1 1 (June 2016)

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    Beon Ne Netrliy Poice for


 Ledrsi in th Information


et neutrality has been a contentious policy
       debate for more than a decade in the US
       and elsewhere. The basic pol icy goal,
shared by proponents and opponents alike, is to
maintain robust and open networks so that
information technology entrepreneurs can thrive
by continually innovating and serving consumers.
Regrettably, net neutrality as practiced in the US
is failing.

There are two basic reasons for the failure. One is
that net neutrality policy has lost itsfocusand is
now a growing miscellany of ex anteregulations
that frequently work against the entrepreneurs
and consumers the rules are intended to help.
The second reason isthat the net neutrality
mindset is locked into afading paradigm in which
networks are distinct from computing and
content. Facebook, Netflix, and Google are
investing in customized networks and, in doing
so, demonstrating that next-generation
breakthroughs will leap beyond theold mindset.
If the USis to continue to be a placewhere
consumers, entrepreneurs, and other enterprises


can flourish in developing the next generation of
information technologies, thecountry must move
beyond net neutrality controversies to a policy
framework that enablesour industriesto be
world leaders.
In this paper we describe such an approach by
offering aframework that addresses the public-
interest concerns and controversies motivating
today's net neutrality conflicts and that provides
consumers and service providers a way forward
with new possibilities. Our approach offers a
process for allowing industry players to evolve,
new entrepreneurs to disrupt the status quo, and
monopoly power to be quickly addressed without
counterproductive governmental constraints on
innovation.
This bar against both abuseof monopoly power
and unproductive government controls is
important. If a monopoly were to exercise its
monopoly power, it would drain economicvalue
from thesystem and, to the extent that it could,
allow only those innovations that served its
monopoly power. Similarly, if the government


AMERICAN ENTERPRISE INSTITUTE

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