Recently, several Indian companies left a zero rating arrangement called Internet.org citing a need to defend net neutrality. While a strange move, the firms’ decisions are telling of the popular net neutrality zeitgeist. Internet.org is one example of a broader type of practice called “zero rating.” This term refers to many different kinds of partnerships … Continue reading
Patent legislation is a balancing act — the protection of legitimate patent holders and non-infringing operators while stopping malicious attacks from so-called “patent trolls.” Unfortunately, finding that balance is proving a herculean task; the current debate is controversial for good reason. The Problem Proponents of patent reform target their ire at patent trolls. These perfidious … Continue reading
As I have previously discussed, the Open Internet Order (OIO) recently passed by the Federal Communications Commission (FCC) is an unconstitutional breach of the Fifth Amendment’s Takings Clause. That is not the only legal pitfall of the order, however. It also violates the Telecommunications Act, the very law which it is using to apply Title … Continue reading
Now that the Federal Communication Commission’s (FCC) so-called Open Internet Order (OIO) has finally been released, we can begin to assess where we go from here. Besides the numerous reasons why the FCC’s decision is bad policy, it is also unconstitutional. The OIO is a violation of the takings clause of the Fifth Amendment. The … Continue reading
In modern America the airwaves are continuously flooded with waves that we cannot see. Radio waves carry signals for everything from smartphones to televisions using bands of the electromagnetic spectrum. The use of spectrum for communication has a long and thorny history going back to the first radio broadcasters. Like any form of communication, the … Continue reading
The Federal Communications Commission (FCC) has seemed to make its mission of late to trample over property rights in the name of “public interest.” Nowhere is this propensity more clear than in its recent moves on net neutrality and the blocking of Wi-Fi by private entities. In the coming days, the FCC will probably designate … Continue reading
As the Federal Communications Commission (FCC) prepares to expand its regulatory reach to encompass internet providers under Title II of the Communications Act, many have objected that the measure will reduce investment needed to expand overall broadband capacity. The new order will increase uncertainty both about what shape enforcement of the rules will actually take … Continue reading
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