Internet Service Providers (“ISPs”) provide end users with access to and from the Internet cloud. In addition to providing the first and last mile carriage of traffic, ISPs secure upstream access to sources of content via other ISPs typically on a paid (transit), or barter (peering) basis....

Far too many major decisions of the Federal Communications Commission (“FCC”) rely on flawed assumptions about the current and future telecommunications marketplace. If the FCC incorrectly overstates the current state of competition, it risks exacerbating its mistake going forward if actual...

Internet Service Providers (“ISPs”) provide end users with access to and from the Internet cloud. In addition to providing the first and last mile carriage of traffic, ISPs secure upstream access to sources of content via other ISPs typically on a paid (transit), or barter (peering) basis....

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...

Wireless handsets increasingly offer subscribers a third screen for accessing the Internet and video programming. The converging technologies and markets that make this possible present a major regulatory quandary, because national regulatory authorities seek to maintain mutual exclusivity...

Wireless operators in most nations qualify for streamlined regulation when providing telecommunications services and even less government oversight when providing information services, entertainment and electronic publishing. In the United States, Congressional legislation, real or perceived...

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...

The technologies that deliver content to consumers have begun to converge into a single Internet-driven conduit. Such convergence supports a consolidation of previously stand alone markets as evidenced by the ability of ventures to offer a “triple-play” bundle of Internet-delivered video,...

Technological and marketplace convergence in Information, Communications and Entertainment ("ICE") has contributed to the merger of conduit and content. Yet laws, regulations and trade policies assume a separation between the delivery of content and the creation of the content. For example, the...