Interpreting Network Discrimination in the CRTC and FCC (net neutrality)

Perry, Mark; Margoni, Thomas

doi:10.2139/ssrn.1504707

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Interpreting Network Discrimination in the CRTC and FCC (net neutrality)

6 Pages Posted: 14 Nov 2009 Last revised: 10 Feb 2010

See all articles by Mark Perry

Mark Perry

University of New England - School of Law; University of Western Ontario - Faculty of Law; the University of Western ONtario ; The University of Auckland; University of New England

Thomas Margoni

Centre for IT & IP Law (CiTiP), Faculty of Law - KU Leuven

Date Written: November 12, 2009

Abstract

The issue of what discriminatory use of a network means has arisen in two recent decisions of the United States and Canadian federal communications commissions, the FCC and the CRTC respectively. The topic is a contemporary and hotly debated one, as when a course is fixed it will strongly influence the future of the Internet. It can be stated as the dichotomy of open and competitive or closed and oligopolistic. A study and comparison of the two different approaches is vital to clarify the debate, and hopefully guide Canadian policy in a direction that will benefit the whole community.

Keywords: Traffic Shaping, Deep Packet Inspection, Network Neutrality, Packet Discrimination, Policy

Suggested Citation: Suggested Citation

Perry, Mark and Margoni, Thomas, Interpreting Network Discrimination in the CRTC and FCC (net neutrality) (November 12, 2009). Available at SSRN: https://ssrn.com/abstract=1504707 or http://dx.doi.org/10.2139/ssrn.1504707