About | HeinOnline Law Journal Library | HeinOnline Law Journal Library | HeinOnline
LOG IN
LOG IN

43 U.C. Davis L. Rev. 529 (2009-2010)
The Future of Internet Regulation

handle is hein.journals/davlr43 and id is 533 raw text is: The Future of Internet Regulation PhilipJ. Weiser* Policymakers are at a precipice with regard to Internet regulation. The Federal Communications Commission's (FCC) self-styled adjudication of a complaint that Comcast violated the agency's Internet policy principles (requiring reasonable network management, among other things) clarified that the era of the non-regulation of the Internet is over. Equally clear is that the agency has yet to develop a model of regulation for a new era. As explained in this Article, the old models of regulation - reliance on command-and-control regulation or market forces subject only to antitrust law - are doomed to fail in a dynamic environment where cooperation is necessary to promote effective competition and continued Internet connectivity. Thus, this Article calls for a new model of regulation built around the concept of co-regulation - a self-regulatory body subject to public agency oversight - as the best strategy for Internet regulation going forward. This Article outlines a three-part strategy for the FCC, or any other authorized agency, to oversee Internet connectivity disputes such as those involving network management practices by broadband providers or Internet backbone interconnection. First, it calls on the FCC to act as a norm entrepreneur, identifying areas where cooperation is essential and setting forth the broad terms that should govern that cooperation. Second, it explains how the FCC could use a model of co-regulation, with a private * Deputy Assistant Attorney General, Antitrust Division, U.S. Department of Justice; Professor of Law, University of Colorado (on leave). This Article was written before joining the Justice Department and it does not reflect the views of the Department or U.S. Government. Thanks to Bobby Ahdieh, Oren Bar Gill, Rochelle Dreyfuss, Richard Epstein, Harry First, Ray Gifford, Ellen Goodman, Dale Hatfield, Tim Holbrook, Michael Katz, Viva Moffat, Paul Ohm, Gideon Parchomovsky, Eric Posner, Cathy Sharkey, Howard Shelanski, Harry Surden, and Joe Waz as well as participants in the NYU Law School Colloquium series for helpful comments and encouragement. I also acknowledge Dan McCormick for first rate research assistance and Jane Thompson for her usual tremendous library support services. Finally, I am grateful to the participants of the Flatirons Summit on Self Regulation and Network Management, where a number of participants offered valuable comments and insights on the ideas presented in this Article. 529

What Is HeinOnline?

HeinOnline is a subscription-based resource containing thousands of academic and legal journals from inception; complete coverage of government documents such as U.S. Statutes at Large, U.S. Code, Federal Register, Code of Federal Regulations, U.S. Reports, and much more. Documents are image-based, fully searchable PDFs with the authority of print combined with the accessibility of a user-friendly and powerful database. For more information, request a quote or trial for your organization below.



Short-term subscription options include 24 hours, 48 hours, or 1 week to HeinOnline.

Purchase Access

Contact us for annual subscription options:

Contact Us

Already a HeinOnline Subscriber?

Log In

profiles profiles most