"Van Schewick is all for strong new rules, but prefers bright line rules against specific practices. She also suggests that the FCC could get at conduct that impact free expression by judging conduct's impact on "user choice, application-agnosticism and low-costs of application innovation." "In the absence of such specific guidance, the standard might be interpreted to require, for instance, a detailed showing of how exactly a specific practice affects application innovation, competition, or free speech..." she wrote. "[A] vague, multi-factor standard gives the FCC ample discretion to decide specific cases and so interfere with competitive markets for websites and services, providing opportunities for FCC overreach.""
- Date Published:02/19/2015
- Original Publication:NewBay Media