Article Instance

HTTP 200 OK
Allow: GET
Content-Type: application/json
Vary: Accept

{
    "pk": 60212,
    "title": "Creating Sustainable Regulation of the Open Internet",
    "subtitle": null,
    "abstract": "Every day, new innovations move us toward a mobile, alwaysaccessible\n \nInternet. In this time of rapid technological change, the\n \nchallenge for any new regulation of the Internet is sustainability: to\n \ncraft rules that can adapt to and withstand the constant evolution in\n \ntechnology and network structure. This comment analyzes the Open\n \nInternet Order, the latest attempt by the FCC to protect Internet neutrality\n \nand openness, through the lens of regulatory sustainability. In\n \nthe Order, the FCC has decided to regulate \"mobile\" ISPs less than\n \ntheir \"fixed\" ISP counterparts. Critics worry that this lesser regulation\n \nof mobile Internet will create a foundation of discriminatory practices\n \nby mobile broadband providers who could take advantage of the\n \nlax regulation and block specific content and applications. Missing\n \nfrom these critiques, however, is a clear understanding of the repercussions\n \non the sustainability of these regulations caused by dividing\n \nInternet providers into separate categories.\n \n \nThis comment argues that in using the categories of 'fixed\" and\n \n\"mobile, \" the FCC continues its flawed tradition of placing communications\n \ntechnologies into distinct regulatory silos that become unwieldy\n \nwhen new hybrid technologies erode the differences between\n \nthose silos. We are heading towards a convergence of networks, where\n \nwireless and fixed-line networks will combine to form one overarching\n \nnetwork that caters to all endpoints, stationary or moving. This convergence\n \nof networks will result in the Order's distinctions between\n \n\"fixed\" and \"mobile\" becoming obsolete. This comment argues that\n \nthe FCC should reject its ex-ante fixed category-based approach in the\n \nOrder and rely on a more flexible, ex-post adjudicatory system to create\n \nsustainable regulations for the future. This comment proposes one\n \nsuch solution to ensure that the Order remains sustainable.",
    "language": "en",
    "license": {
        "name": "",
        "short_name": "",
        "text": null,
        "url": ""
    },
    "keywords": [],
    "section": "Comments",
    "is_remote": true,
    "remote_url": "https://escholarship.org/uc/item/52n2k5bj",
    "frozenauthors": [
        {
            "first_name": "Lixian",
            "middle_name": "",
            "last_name": "Hantover",
            "name_suffix": "",
            "institution": "",
            "department": ""
        }
    ],
    "date_submitted": "2015-04-25T16:15:53Z",
    "date_accepted": "2015-04-25T16:15:53Z",
    "date_published": "2013-01-01T00:00:00Z",
    "render_galley": null,
    "galleys": [
        {
            "label": "",
            "type": "pdf",
            "path": "https://journalpub.escholarship.org/uclalaw_elr/article/60212/galley/46171/download/"
        }
    ]
}