The Court, FCC and Internet Policy: Partly with

The paper aims to explore the contour of internet regulation with a thread of Brand X , which navigates through constitutionalism, separation of powers, as well as business and economic or political implications enshrined behind it. An exemplary insight with the Korean case was adverted that could lead to the comparative perspective of internet law and regulation for the future research. The research was conducted by employing qualitative investigation, mainly relying on textual analysis and documentary examination. The outcome of research generally corroborates with our assumption that i) the increasing administrative state will variegate the traditional interplay of three branches, ii) expert bureaucracy stands at the core of policy shaping because of the necessary new concept of market and policy specialization, iii) the role of US government is not only pioneering, but also influential as a regulator, but comparatively with differing national jurisdictions if not a negligible implications on the international competition or even conflict

Protocol Layering and Internet Policy

An architectural principle known as protocol layering is widely recognized as one of the foundations of the Internet’s success. In addition, some scholars and industry participants have urged using the layers model as a central organizing principle for regulatory policy. Despite its importance as a concept, a comprehensive analysis of protocol layering and its implications for Internet policy has yet to appear in the literature. This Article attempts to correct this omission. It begins with a detailed description of the way the five-layer model developed, introducing protocol layering’s central features, such as the division of functions across layers, information hiding, peer communication, and encapsulation. It then discusses the model’s implications for whether particular functions are performed at the edge or in the core of the network, contrasts the model with the way that layering has been depicted in the legal commentary, and analyzes attempts to use layering as a basis for competition policy. Next the Article identifies certain emerging features of the Internet that are placing pressure on the layered model, including WiFi routers, network-based security, modern routing protocols, and wireless broadband. These developments illustrate how every architecture inevitably limits functionality as well as the architecture’s ability to evolve over time in response to changes in the technological and economic environment. Together these considerations support adopting a more dynamic perspective on layering and caution against using layers as a basis for a regulatory mandate for fear of cementing the existing technology into place in a way that prevents the network from innovating and evolving in response to shifts in the underlying technology and consumer demand

Protocol Layering and Internet Policy

An architectural principle known as protocol layering is widely recognized as one of the foundations of the Internet’s success. In addition, some scholars and industry participants have urged using the layers model as a central organizing principle for regulatory policy. Despite its importance as a concept, a comprehensive analysis of protocol layering and its implications for Internet policy has yet to appear in the literature. This Article attempts to correct this omission. It begins with a detailed description of the way the five-layer model developed, introducing protocol layering’s central features, such as the division of functions across layers, information hiding, peer communication, and encapsulation. It then discusses the model’s implications for whether particular functions are performed at the edge or in the core of the network, contrasts the model with the way that layering has been depicted in the legal commentary, and analyzes attempts to use layering as a basis for competition policy. Next the Article identifies certain emerging features of the Internet that are placing pressure on the layered model, including WiFi routers, network-based security, modern routing protocols, and wireless broadband. These developments illustrate how every architecture inevitably limits functionality as well as the architecture’s ability to evolve over time in response to changes in the technological and economic environment. Together these considerations support adopting a more dynamic perspective on layering and caution against using layers as a basis for a regulatory mandate for fear of cementing the existing technology into place in a way that prevents the network from innovating and evolving in response to shifts in the underlying technology and consumer demand

Legal and Ethical Issues Related to the Use of the Internet in K-12 Schools

Supplemental Files: Recommended District Internet Policy and Regulations Student Internet Policy Handbook Template Sample Student Account Agreement Sample Guest Account Agreement Sample Letter to Parents or Guardian

Legal and Ethical Issues Related to the Use of the Internet in K-12 Schools

Supplemental Files: Recommended District Internet Policy and Regulations Student Internet Policy Handbook Template Sample Student Account Agreement Sample Guest Account Agreement Sample Letter to Parents or Guardian

Updating Internet Policy for the 21st Century

Over time, the Internet has become much larger and more diverse in terms of users, applications, technologies, and business relationships. These changes have called into question the idea of network neutrality (the principle that Internet service providers and governments should treat all data equally), which has shaped Internet policy since the 1990s.https://repository.upenn.edu/pennwhartonppi/1016/thumbnail.jp

Auto-regulating New Media

Using Foucault's (1977, 1978) notion of panoptic method of governmentality and looking at the case of Singapore's Internet policy, this paper attempts to expand on the idea-and ideals-of 'auto-regulation'(Lee, 2000, pp. 4-5; Lee & Birch, 2000). Auto-regulation, as I shall posit in this paper, provides a way for regulatory enforcement and surveillance to become sufficiently transparent and 'normalised' so that 'the exercise of power may be supervised by society as a whole'(Foucault, 1977, pp.207-208) rather than by a select group of policy and law enforcement officers, or civil society /activist groups

Analysing internet policy as a field of struggle

This essay proposes an analytical approach that conceptualises internet policy as a field of struggle which emerges through processes of discursive institutionalisation. By combining field theory and selected Science and Technology Studies (STS) concepts, the essay highlights the performative function of discourses in the field. It does so by showing how actors entered the policy field through the creation of expertise and regulatory competences and uncovers key conflicts that have shaped internet policy. Drawing on interviews and document analysis, the essay illustrates the proposed research approach via three selected examples which demonstrate how international discourses materialised in internet-related organisational structures and regulatory competences in German ministries

Impact of Free Trade Agreements on Internet Policy, a Latin America Case Study

The question of how Free Trade Agreements (FTAs) affect internet policy is crucial for the global evolution of the internet. Although countries agree that no nations should impose restrictions on the development of the internet in other nations, FTAs are playing an important role in shaping local internet regulations. Indeed, since the implementation of the Trade-Related Aspects of Intellectual Property Rights Agreement (TRIPS) in 1995, FTAs have commonly included international intellectual property obligations. With the evolution of cyberspace and cross-border e-commerce over the past 15 years, treaties of this type also started to incorporate internet policy regulations, such as obligations regarding countries’ country-code domain name (ccTLD) systems, internet service provider (ISP) liabilities, and treatment of personal data. Through FTAs, some countries are bilaterally agreeing to obligations related to local internet operations, in exchange for more favorable trade conditions. This situation has led many countries to alter their internet systems with transplanted foreign regulations, which are frequently inadequate to meet local needs, and in the worst cases, it poses severe threats to internet users’ rights. This paper analyses the landscape of FTAs that impact internet policy in Latin America. It shows how FTAs have shaped internet policy in a network of countries – in many cases, leading these countries to create regulations that have not undergone local public scrutiny