Finding the Balance in Internet Regulation: Defining ‘Reasonable Network Management’ in a Way that Preserves the ‘Open Internet’

22 Pages Posted: 6 Apr 2010

See all articles by Joshua Kay

Joshua Kay

Villanova University - School of Law

Date Written: April 6, 2010

Abstract

This paper will first address some general FCC policies towards regulating the internet and some of its early attempts to do so. The paper will then specifically discuss the FCC’s Notice of Proposed Rulemaking concerning net neutrality and the open internet, and analyze the proposed rule’s definition of “reasonable network management.” Then the paper will describe recent legislative attempts to define “reasonable network management” or otherwise impact the FCC’s role in internet regulation. Finally the paper will try to describe a way in which the FCC can define “reasonable network management” that would permit the FCC to regulate the practices of ISP’s without subjecting ISP’s to arbitrary and unpredictable FCC regulation.

Keywords: open, internet, net, neutrality, net neutrality, Federal Communication Commission, FCC, reasonable, network, management, reasonable network management, Internet Freedom Preservation Act, In the Matter of Preserving the Open Internet Broadband Industry Practices, Comcast, Packet Inspection

Suggested Citation

Kay, Joshua, Finding the Balance in Internet Regulation: Defining ‘Reasonable Network Management’ in a Way that Preserves the ‘Open Internet’ (April 6, 2010). Available at SSRN: https://ssrn.com/abstract=1585515 or http://dx.doi.org/10.2139/ssrn.1585515

Joshua Kay (Contact Author)

Villanova University - School of Law ( email )

299 N. Spring Mill Road
Villanova, PA 19085
United States

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