The Federal Communications Commission’s recent Comcast decision has rejected categorical, ex ante restrictions on Internet providers’ ability to manage their networks in favor of a more flexible approach that examines each dispute on a case-by-case basis, as I have long advocated. This book...

Much of the recent debate over Internet policy has focused on the permissibility of business practices that are becoming increasingly common, such as new forms of network management, prioritization, pricing, and strategic partnerships. This Essay analyzes these developments through the lens of...

In recent years, a growing number of commentators have raised concerns that the decisions made by Internet intermediaries - including last-mile network providers, search engines, social networking sites, and smartphones - are inhibiting free speech and have called for restrictions on their...

The current debate over broadband policy has largely overlooked a number of changes to the architecture of the Internet that have caused the price paid by and quality of service received by traffic traveling across the Internet to vary widely. Topological innovations, such as private peering,...

Recently, Professor Tim Wu recommended subjecting the U.S. mobile wireless industry to Carterfone type regulation governing attachment of devices to the network, and others have sought such "open" access regulation also for suppliers of software applications. Carterfone was applied to a...

Recent times have seen the emergence of an entire body of scholarly literature devoted to defining, conceptualizing, debating, measuring, and addressing the “digital divide.” Although many believe that information and communication technologies (ICTs) are primary in the potential to improve...

This paper will examine the FCC’s March, 2015 Open Internet Order with an eye to assessing whether and how the Commission can successfully defend its decision in an appellate court. On two prior occasions, the FCC failed to convince a reviewing court that proposed regulatory safeguards do not...