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

6 Pages Posted: 14 Nov 2009 Last revised: 21 Apr 2013

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; University of Glasgow - School of Law - CREATe

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

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

Mark Perry (Contact Author)

University of New England - School of Law ( email )

Armidale, New South Wales 2351
Australia
=61 2 67732901 (Phone)

University of Western Ontario - Faculty of Law ( email )

London, Ontario N6A 3K7 N6A 3K7
Canada
1519661211 (Phone)

HOME PAGE: http://www.csd.uwo.ca/~markp

the University of Western ONtario ( email )

London, Ontario N6A 3K7 N6A 3K7
Canada
1519661211 (Phone)

HOME PAGE: http://www.csd.uwo.ca/~markp

The University of Auckland ( email )

Private Bag 92019
Auckland Mail Centre
Auckland, 1142
New Zealand

University of New England ( email )

School of Law
Armidale, New South Wales 2351
Australia

HOME PAGE: http://une.edu.au/law

Thomas Margoni

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

Brussels
Belgium

University of Glasgow - School of Law - CREATe ( email )

Scotland
United Kingdom

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