Network Neutrality and Internet Service Provider Liability Regulation: Are the Wise Monkeys of Cyberspace Becoming Stupid?

Abstract

Marsden explains for a general policy audience what the regulatory and governance problems and potential solutions are for the issue referred to as ‘network neutrality’, unpacking its ‘lite’ and ‘heavy’ elements. Eschewing technical, economic or legalistic explanations which he has previously tackled elsewhere, he explains that increasing Internet Service Provider (ISP) control over content risks not just differentiated pricing and speed on the Internet, but also removing the ‘Three Wise Monkeys’ liability regime for ISPs, replaced by an explicit role as content controller and thus censor. He then argues for a co-regulatory regime that ensures oversight and removes obvious abuses by fixed and mobile ISPs, without preventing innovation, while guarding against government abuse of the censorship opportunities provided by new technologies.

Keywords: network neutrality, telecommunications, regulation, co-regulation, liability

JEL Classification: K00, H41, K23, L13, L44, L96