The Illusion Of Net Neutrality

In this riveting treatise, coauthors Bob Zelnick and Eva Zelnick sound the alarm on the debilitating effect that looming regulations, rules, and powerful interests would have on today's regulation-free Internet. The authors lay out the imminent threats—from “network neutrality” to FCC regulations—that would rob this global, society-changing, communication powerhouse forever of its full potential.

In the months after the Federal Communications Commission’s (FCC) 2017 decision to repeal network neutrality as US policy, it is easy to forget the decades of public, organizational, media and governmental struggle to control digital policy and open access to the internet. Using dialogic communication tactics, the public, governmental actors and organizations impacted the ruling through YouTube comments, the FCC online system and social network communities. Network neutrality, which requires that all digital sites can be accessed with equal speed and ability, is an important example of how dialogic communication facilitates public engagement in policy debates. However, the practice and ability of the public, organizations and media to engage in dialogic communication are also greatly impacted by the FCC’s decision. This book reflects on decades of global engagement in the network neutrality debate and the evolution of dialogic communication techniques used to shape one of the most relevant and critical digital policies in history.

Since its popularization in the mid 1990s, the Internet has impacted nearly every aspect of our cultural and personal lives. Over the course of two decades, the Internet remained an unregulated medium whose characteristic openness allowed numerous applications, services, and websites to flourish. By 2005, Internet Service Providers began to explore alternative methods of network management that would permit them to discriminate the quality and speed of access to online content as they saw fit. In response, the Federal Communications Commission sought to enshrine "net neutrality" in regulatory policy as a means of preserving the Internet's open, nondiscriminatory characteristics. Although the FCC established a net neutrality policy in 2010, debate continues as to who ultimately should have authority to shape and maintain the Internet's structure. Regulating the Web brings together a diverse collection of scholars who examine the net neutrality policy and surrounding debates from a variety of perspectives. In doing so, the book contributes to the ongoing discourse about net neutrality in the hopes that we may continue to work toward preserving a truly open Internet structure in the United States.

The ways in which Internet traffic is managed have direct consequences on Internet users’ rights as well as on their capability to compete on a level playing field. Network neutrality mandates to treat Internet traffic in a non-discriminatory fashion in order to maximise end users’ freedom and safeguard an open Internet. This book is the result of a collective work aimed at providing deeper insight into what is network neutrality, how does it relates to human rights and free competition and how to properly frame this key issue through sustainable policies and regulations. The Net Neutrality Compendium stems from three years of discussions nurtured by the members of the Dynamic Coalition on Network Neutrality (DCNN), an open and multi-stakeholder group, established under the aegis of the United Nations Internet Governance Forum (IGF).

Is the Internet erasing national borders? Will the future of the Net be set by Internet engineers, rogue programmers, the United Nations, or powerful countries? Who's really in control of what's happening on the Net? In this provocative new book, Jack Goldsmith and Tim Wu tell the fascinating story of the Internet's challenge to governmental rule in the 1990s, and the ensuing battles with governments around the world. It's a book about the fate of one idea--that the Internet might liberate us forever from government, borders, and even our physical selves. We learn of Google's struggles with the French government and Yahoo's capitulation to the Chinese regime; of how the European Union sets privacy standards on the Net for the entire world; and of eBay's struggles with fraud and how it slowly learned to trust the FBI. In a decade of events the original vision is uprooted, as governments time and time again assert their power to direct the future of the Internet. The destiny of the Internet over the next decades, argue Goldsmith and Wu, will reflect the interests of powerful nations and the conflicts within and between them. While acknowledging the many attractions of the earliest visions of the Internet, the authors describe the new order, and speaking to both its surprising virtues and unavoidable vices. Far from destroying the Internet, the experience of the last decade has lead to a quiet rediscovery of some of the oldest functions and justifications for territorial government. While territorial governments have unavoidable problems, it has proven hard to replace what legitimacy governments have, and harder yet to replace the system of rule of law that controls the unchecked evils of anarchy. While the Net will change some of the ways that territorial states govern, it will not diminish the oldest and most fundamental roles of government and challenges of governance. Well written and filled with fascinating examples, including colorful portraits of many key players in Internet history, this is a work that is bound to stir heated debate in the cyberspace community.

This comprehensive textbook by the editor of Law and the Internet seeks to provide students, practitioners and businesses with an up-to-date and accessible account of the key issues in internet law and policy from a European and UK perspective. The internet has advanced in the last 20 years from an esoteric interest to a vital and unavoidable part of modern work, rest and play. As such, an account of how the internet and its users are regulated is vital for everyone concerned with the modern information society. This book also addresses the fact that internet regulation is not just a matter of law but increasingly intermixed with technology, economics and politics. Policy developments are closely analysed as an intrinsic part of modern governance. Law, Policy and the Internet focuses on two key areas: e-commerce, including the role and responsibilities of online intermediaries such as Google, Facebook and Uber; and privacy, data protection and online crime. In particular there is detailed up-to-date coverage of the crucially important General Data Protection Regulation which came into force in May 2018.

Regulations impact a wide array of market and social activities that influence our daily lives. Regulations are attempts to correct perceived market failures, caused by information asymmetries, externalities, and principal-agent problems, and to provide public goods, which would otherwise be underprovided. Government actors are responsible for identifying these issues, weighing the costs and benefits of intervention, and designing and implementating regulations to improve society. Good regulations help mitigate issues in the economy without inciting new problems and without the costs exceeding the benefits of intervention. This requires intensive analysis and an awareness of the complexities of social life. Our society is complex and dynamic where people face knowledge and incentive problems, whether in the market, politics, or civil society. By examining this complex reality, we can better understand why regulations arise and persist and the challenges of reform. We argue that this approach to policymaking and policy analysis requires humility; an acknowledgment of the challenges we face when intervening in our society. This volume intends to cultivate an appreciation for the complexity of human decision making and the incentives that drive human behavior. By examining specific policy changes, it will delve into the effects of and lessons learned from regulations in financial markets, computer and internet governance, and health care innovation and delivery. This volume will be of interest to students, scholars, and policymakers who seek to understand the complexities of regulation in a dynamic social world.