Revisiting network neutrality

Article English OPEN
Wong, R ; Garrie, DB ; Loewenherz, DW (2008)

The paper discusses the topical subject of network neutrality, from a US and European legal perspective. The article will begin by first defining network neutrality before addressing the underpinning technology and will then compare the legal approaches adopted by Europe and the US. In Europe, there is an existing electronic communications regulatory framework which can be used to address the network neutrality problem rendering any further legislation unnecessary and perhaps, detrimental to the current framework. In the US, however, the main concern arising is a potential for a 'fragmented' internet, which leads to our conclusion that network neutrality legislation is necessary on multiple levels. The article will conclude that the US' stance on network neutrality legislation will cause a seismic shift in the way we view technology and the way that networks are accessed and utilised.
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    41 references, page 1 of 5

    [15] , M.J. Culnan, Protecting privacy online: is self-regulation working? Journal of Public Policy and Marketing 19 (1), 2000, pp. 20-26.

    [16] 47 US.C.S. ยงยง 151 et seq.

    [17] 545 US 967 P[21] Ibid.

    [18] One indirect consequence of this was that companies such as Google, Microsoft, Earthlink and Intel began pouring money into wireless broadband and Broadband Over Powerline (BPL).

    [19] 540 US 398.

    [20] Ibid.

    [22] Amy Schatz & Anne Marie Squeo, As Web Providers' Clout Grows, Fears Over Access Take Focus: FCC's [25] Daniel oB.Garrie, Matthew J. Armstrong, Donald P. Harris, Voice Over Internet Protocol and the Wiretap Act: Is Ruling Fuels Debate Between Broadband Firms and Producers of Content, WALL ST. J., Aug. 8, 2005, at A1 [23]Tripp Blatz, Three Carriers Have Now Blocked Access to Ports for VoIP, Vonage Chairman Alleges, TELECOMM. MONITOR, Aug. 23, 2005.

    [24] 389 US 347 (1967) [28] Ibid. s Your Conversation Protected?, 29 Seattle U. L. Rev. 97 (2005).

    [26] Ibid

    [27] Daniel B. Garrie, Matthew J. Armstrong, Donald P. Harris, Voice Over Internet Protocol and the Wiretap Act: Is Your Conversation Protected?, 29 Seattle Univ. L. Rev. 97 (2005). [32] Katz, 389 US at 351. t

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