Publications

Law, Borders, and Speech Conference: Proceedings and Materials

Publication Date: 
December 15, 2017
Publication Type: 
White Paper / Report

Tensions between national law and the Internet’s global architecture have existed since the network’s earliest days. They took on new urgency in recent years, with developments like French regulators’ efforts to globally enforce “Right to Be Forgotten” laws. New cases, technologies, and platform responses seem to come along every few months. Expert-level discussion of these issues is dynamic and fast-moving -- but the written literature is only starting to catch up.

Slowing Down the Presses: The Relationship Between Net Neutrality and Local News

Author(s): 
Adam Hersh
Publication Date: 
December 11, 2017
Publication Type: 
White Paper / Report

The FCC is poised to rescind the Open Internet Order—the set of strong, enforceable net neutrality rules that prohibit internet service providers (ISPs) from interfering with web traffic that travels across their networks. One unintentional victim of that action is likely to be small television stations, newspaper publishers, and websites devoted to local news. Local news outlets play a vital civic role, but they face a crisis of declining revenue and audience, largely driven by internet competition.

SESTA and the Teachings of Intermediary Liability

Author(s): 
Daphne Keller
Publication Date: 
November 2, 2017
Publication Type: 
White Paper / Report

SESTA, the Stop Enabling Sex Traffickers Act, would overhaul US intermediary liability law and potentially expose hundreds of thousands of US platforms to new civil and criminal claims. Its exact legal consequences are uncertain, because the bill is so badly drafted that no one can agree on its meaning. But SESTA’s confusing language and poor policy choices, combined with platforms’ natural incentive to avoid legal risk, make its likely practical consequences all too clear.

Network Neutrality and Zero-rating

Author(s): 
Barbara van Schewick
Publication Date: 
February 19, 2015
Publication Type: 
White Paper / Report

This report was filed with the Federal Communications Commission (FCC) along with an ex parte letter on February 19, 2015

 

Automated and Autonomous Driving: Regulation Under Uncertainty

Author(s): 
Bryant Walker Smith
Publication Date: 
June 3, 2015
Publication Type: 
White Paper / Report

This report examines various emerging regulatory issues surrounding the deployment of automated and autonomous vehicles. This work was based on the expert opinion of the authors and serves as a think piece regarding the nature, timing and scope of regulatory action regarding automated and, ultimately, selfdriving vehicles. 

Also available for download at: http://www.internationaltransportforum.org/pub/pdf/15CPB_AutonomousDrivi...

Comments on Mozilla's Proposal

Author(s): 
Barbara van Schewick
Publication Date: 
October 30, 2014
Publication Type: 
White Paper / Report

Mozilla has suggested that the FCC should classify a newly defined service, which it calls “remote edge provider delivery service,” as a telecommunications service. This service, as defined by Mozilla, is offered by broadband Internet access providers to providers of Internet applications, content or services (“edge providers”) and encompasses the transport of an individual edge provider’s data across the ISP’s access network to and from all of an ISP’s subscribers. According to Mozilla, this classification would allow the FCC to adopt rules banning blocking, discrimination, and access fees under Title II of the Communications Act.

America Needs a Federal Robotics Agency

Author(s): 
Ryan Calo
Publication Date: 
September 22, 2014
Publication Type: 
White Paper / Report

Ryan Calo is an assistant professor at the University of Washington School of Law. A host of emerging technologies require a coordinated set of laws and regulations as society adapts

This piece originally appeared on Brookings.

Open Access Publishing: A Literature Review

Author(s): 
Giancarlo Frosio
Publication Date: 
January 20, 2014
Publication Type: 
White Paper / Report

Within the context of the Centre for Copyright and New Business Models in the Creative Economy (CREATe) research scope, this literature review investigates the current trends, advantages, disadvantages, problems and solutions, opportunities and barriers in Open Access Publishing (OAP), and in particular Open Access (OA) academic publishing. This study is intended to scope and evaluate current theory and practice concerning models for OAP and engage with intellectual, legal and economic perspectives on OAP.

Network Neutrality and Quality of Service: What a Non-Discrimination Rule Should Look Like

Author(s): 
Barbara van Schewick
Publication Date: 
June 11, 2012
Publication Type: 
White Paper / Report

Over the past ten years, the debate over "network neutrality" has remained one of the central debates in Internet policy. Governments all over the world, including the United States, the European Union, the United Kingdom, France and Germany, have been investigating whether legislative or regulatory action is needed to limit the ability of providers of Internet access services to interfere with the applications, content and services on their networks.

COMMUNIA Final Report on the Digital Public Domain

Author(s): 
Giancarlo Frosio
Publication Date: 
March 31, 2011
Publication Type: 
White Paper / Report

This Public Report is the outcome of the work of the COMMUNIA Network on the Digital Public Domain. This Report was undertaken to (i) review the activities of COMMUNIA; (ii) investigate the state of the digital public domain in Europe; and (iii) recommend policy strategies for enhancing a healthy public domain and making digital content in Europe more accessible and usable.

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