About Us, This Blog, and (A Little) About Network Neutrality

According to reports, this morning FCC Chairman Julius Genachowski is going to give a speech calling for the FCC to adopt rules describing network neutrality. Of course, the FCC already has an Internet Policy Statement, but the proposal is to include an express nondiscrimination principle (sometimes called the Fifth Freedom, because the current policy statement has four and does not specifically mention nondiscrimination). And, again according to reports, Chairman Genachowski will propose that the FCC adopt rules to codify these principles.

We write on telecommunications and Internet law. Tim Wu coined the term “Network Neutrality” and has written extensively in favor of net neutrality principles. He is a Professor at Columbia Law School. Christopher Yoo has prolifically challenged the case for Network Neutrality regulation, arguing that network differentiation may be beneficial and generally that the case for regulation has not been made. He is a Professor at the University of Pennsylvania Law School and Director of its Center for Technology, Innovation, and Competition. Tim and Christopher have a great dialogue that could serve anyone looking for a primer on the issues. Jim Speta wrote a series of articles when the debate was framed as “open access” to cable modems, taking the side opposite the pioneering work of Larry Lessig and Mark Lemley (without of course knowing initially that he was doing so), and more recently has written on institutional questions such as the FCC’s regulatory power over the Internet and the preferred institutions for controlling Internet market power.

This blog will follow and comment on the FCC’s rulemaking proceeding. We will offer initial observations on the Chairman’s speech (when the text is made available). In the coming weeks, before the speech becomes an FCC Notice of Proposed Rulemaking, we will post a series of “backgrounders” on issues central to the coming proceeding – such as the FCC’s legal authority, technical aspects of net neutrality, the economics of net neutrality, and so on. Comments are open (although moderated); suggestions are welcome.

One big caveat, however: We don’t intend to blog on everything net neutrality related, including all of the work being done by companies, advocacy groups, and think tanks. That universe is too big. Pointers and suggestions, again, are welcome. But, depending on the FCC’s speed (or lack), occasionally time may pass without this blog growing. So, subscribe or check back frequently. Thanks.