This article offers an unsponsored examination of current disputes whether national regulatory authorities ("NRAs") should permit broadband carriers and content providers, such as Facebook, to subsidize broadband access to a limited, "walled garden" of content. The subsidy makes it possible for...

When Internet Service Providers ("ISPs") serve as neutral conduits they qualify for a safe harbor exemption from liability for carrying copyright infringing traffic provided by Section 512 of the Digital Millennium Copyright Act. However ISPs now want to operate non-neutral networks capable of...

The often contentious network neutrality debate typically cleaves along an absolute for or against dichotomy based largely on one’s philosophy about the Internet’s past and future direction, the ability of marketplace forces to promote self-regulation, and the degree of confidence in...

This paper will examine the network neutrality debate with an eye toward assessing how the Internet will evolve as a major platform for content access and distribution. The paper accepts as necessary and proper many types of price and quality of service discrimination, but also identifies other...

Many advocates for less intrusive government oversight of telecommunications support the migration from regulation by an expert agency to the use of judicial remedies largely guided by antitrust/competition policy principles. They believe that reviewing courts can resolve disputes after they...

What Internet Service Providers (quot;ISPsquot;) can and cannot do to diversify services lies at the core of the debate over network neutrality. In prior generations ISPs had little incentive or technological capability to deviate from plain vanilla best efforts routing for content providers and...