Please use this identifier to cite or link to this item:
https://hdl.handle.net/1959.11/4454
Title: | Achieving Network Neutrality: Maintaining Competition Between Content and Application Providers | Contributor(s): | Lee, Karen (author) | Publication Date: | 2009 | Handle Link: | https://hdl.handle.net/1959.11/4454 | Abstract: | On 1 August 2008, the United States Federal Communications Commission (FCC) adopted a controversial order against Comcast, a cable network operator and content distributor and the second largest provider of broadband internet access in the United States, finding it had violated the FCCs policy of "network neutralit" by deliberately interfering with the ability of its customers to use BitTorrent and other peer-to-peer applications which permit the sharing of video and other large data files. Network neutrality is a concept with many variations, but which has generally come to mean that broadband access providers must ensure that their subscribers are free, of their own choosing, to access internet content and services, run related applications and connect devices to the internet. Regardless of the merits of the FCC's network neutrality policy, which are themselves debatable, the basis of the 3:2 decision of the FCC commissioners rests on untested and questionable legal ground. The order also has a number of evidentiary weaknesses and raises broader policy issues concerning internet regulation, the latter of which are of interest to Australian policymakers as the government considers the appropriate regulatory framework for the national broadband network. | Publication Type: | Journal Article | Source of Publication: | Trade Practices Law Journal, 17(2), p. 135-139 | Publisher: | Lawbook Co | Place of Publication: | Australia | ISSN: | 1039-3277 | Fields of Research (FoR) 2008: | 180199 Law not elsewhere classified 180103 Administrative Law |
Socio-Economic Objective (SEO) 2008: | 890102 Fixed Line Telephone Networks and Services 949999 Law, Politics and Community Services not elsewhere classified 890101 Fixed Line Data Networks and Services |
Peer Reviewed: | Yes | HERDC Category Description: | C1 Refereed Article in a Scholarly Journal | Publisher/associated links: | http://www.thomsonreuters.com.au/catalogue/ProductDetails.asp?id=1251 |
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Appears in Collections: | Journal Article School of Law |
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