Abstract

http://ssrn.com/abstract=2020779
 
 

Footnotes (192)



 


 



Net Neutrality and Nondiscrimination Norms in Telecommunications


Daniel Lyons


Boston College - Law School

March 12, 2012

Arizona Law Review, Vol. 54, No. 4, pp. 1029-1071
Boston College Law School Legal Studies Research Paper No. 257

Abstract:     
“Net neutrality” refers to the principle that broadband providers should not discriminate when transporting content and applications over the Internet. After several years of debate, the Federal Communications Commission adopted binding net neutrality rules in December 2010. The cornerstone of this regime is a binding rule that forbids broadband providers from unreasonably discriminating when delivering Internet traffic.

The prohibition on unreasonable discrimination has a long pedigree in telecommunications law, and net neutrality proponents have long asserted the need to extend that nondiscrimination norm to cyberspace. But the Commission’s net neutrality rules impose far greater obligations on broadband providers than the law ever imposed on other telecommunications companies. This expansive reach is particularly surprising given the fact that most broadband markets do not exhibit the characteristics that have historically triggered strict nondiscrimination obligations. While the Commission has pursued the laudatory goal of protecting consumers, its rules have the unintended consequence of stifling innovation in the broadband industry. A more nuanced, modest set of restrictions grounded in the Commission’s traditional nondiscrimination rules would be far superior policy, and would reflect the learned wisdom of seventy-five years of telecommunications law.

Number of Pages in PDF File: 44

Keywords: net neutrality, telecommunications, broadband industry, FCC, unreasonable discrimination, throttling, internet

Accepted Paper Series


Download This Paper

Date posted: March 13, 2012 ; Last revised: September 6, 2013

Suggested Citation

Lyons, Daniel, Net Neutrality and Nondiscrimination Norms in Telecommunications (March 12, 2012). Arizona Law Review, Vol. 54, No. 4, pp. 1029-1071; Boston College Law School Legal Studies Research Paper No. 257. Available at SSRN: http://ssrn.com/abstract=2020779 or http://dx.doi.org/10.2139/ssrn.2020779

Contact Information

Daniel Lyons (Contact Author)
Boston College - Law School ( email )
885 Centre Street
Newton, MA 02459-1163
United States
Feedback to SSRN


Paper statistics
Abstract Views: 1,113
Downloads: 160
Download Rank: 109,094
Footnotes:  192

© 2014 Social Science Electronic Publishing, Inc. All Rights Reserved.  FAQ   Terms of Use   Privacy Policy   Copyright   Contact Us
This page was processed by apollo3 in 0.375 seconds