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31 Cardozo Arts & Ent. L.J. 689 (2012-2013)
A Deference to Protocol: Fashioning a Three-Dimensional Public Policy Framework for the Internet Age

handle is hein.journals/caelj31 and id is 731 raw text is: A DEFERENCE TO PROTOCOL: FASHIONING A THREE-DIMENSIONAL PUBLIC POLICY FRAMEWORK FOR THE INTERNET AGE* RICHARD S. WHITT* Abstract This Article discusses how public policy grounded in the Internet's architecture can best ensure that the Net fully enables tangible benefits such as innovation, economic growth, free expression, and user empowerment. In particular, recognizing that the Internet is rapidly becoming society's chief operating system, this Article shows how an overarching public policy framework should be faithful to the multifaceted nature of the online world. As part of such a framework, this Article will explore one key aspect of the Internet: the logical Middle Layers functions, its inner workings derived from open software protocols and inclusive, decentralized processes. Adhering to the deferential principle of respect the functional integrity of the Internet, in combination with the appropriate institutional and organizational implements, can help ensure that any potential regulation of Internet- based activities enables, rather than hinders, tangible and intangible benefits for end users. In brief, optimal public policy solutions can come from fitting the correct Code (Net target) to the most effective Rules (institutions) and Players (organizations). I. IN TROD UCTION .............................................................................. 691 A . N o N erds A llow ed ............................................................ 691 B. Accepting Kingdon's Challenge ....................................... 694 II. THE INTERNET'S FUNDAMENTAL DESIGN FEATURES .................... 697 A . The N et's Fram ing Years ................................................. 697 Permission is hereby granted for noncommercial reproduction of this Article in whole or in part for education or research purposes. including the making of multiple copies for classroom use, subject only to the condition that the name of the author, a complete citation, and this copyright notice and grant of permission be included in all copies. * Global Head of Public Policy & Government Relations at Motorola Mobility LLC, a wholly owned subsidiary of Google Inc. This Article reflects only my own views and not those of present or past employers. Special thanks to Max Senges in Google's Berlin office for his unfailing enthusiasm and insights about polycentric governance and other pertinent matters. Thank you also to Vint Cerf, Brett Frischmann, and Marvin Ammori for providing considerable helpful feedback on an earlier version of this Article. C 2013 Richard S. Whitt. 689

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