Broadband Regulation and Network Neutrality

The scholarly works contained here address efforts to regulate internet access and use, with a specific focus on the recent Network Neutrality regulations.

Research Articles

The Law and Economics of Network Neutrality

The Law and Economics of Network Neutrality

Thomas W. Hazlett, Professor of Law and Economics and Director, Information Economy Project, George Mason University Joshua D. Wright, Professor of Law, George Mason University School of Law and Department of Economics Indiana Law Review, Vol. 45 (2012). This Paper critiques the FCC's net neutrality (NN) policy—specifically, the no blocking[...]
Regulating Broadband Networks:  Assessing the Global Data for Evidence-Based Policy

Regulating Broadband Networks: Assessing the Global Data for Evidence-Based Policy

Bronwyn Howell, Economist, New Zealand Institute for the Study of Competition and Regulation An examination of the historical context suggests that comparative analysis of the development of the New Zealand and United States industries over the past thirty years, and the more recent experiences of the past thirteen years as New Zealand has pursu[...]
FCC Regulation Versus Antitrust: How Net Neutrality is Defining the Boundaries

FCC Regulation Versus Antitrust: How Net Neutrality is Defining the Boundaries

52 Boston College L. Rev. 1627-86 (2011).  Babette E.L. Boliek, Associate Professor of Law at Pepperdine University School of Law. This Article challenges the various jurisdictional theories that underpin the FCC’s net neutrality regulation. The assertion of jurisdiction by the FCC over any aspect of the Internet ecosystem has raised populist, con[...]
If Search Neutrality is the Answer, What's the Question?

If Search Neutrality is the Answer, What's the Question?

ICLE Antitrust & Consumer Protection Program White Paper Series, Lewis & Clark Law School Legal Studies Research Paper No. 2011-14, George Mason Law & Economics Research Paper No. 11-37.  Geoffrey A. Manne, Executive Director, International Center for Law & Economics (ICLE); Lecturer in Law, Lewis & Clark Law School, Joshua D. W[...]
Market Power in U.S. Broadband Services

Market Power in U.S. Broadband Services

38 Review of Industrial Organization (March, 2011), 151-71.  Thomas W. Hazlett, Professor of Law & Economics, George Mason University School of Law, Dennis L. Weisman, Department of Economics, Kansas State University. The U.S. telecommunications industry has come under scrutiny amid concerns that regulatory policies have been too permissive. T[...]
Self-Regulation: How Wikipedia Leverages User-Generated Quality Control Under Section 230

Self-Regulation: How Wikipedia Leverages User-Generated Quality Control Under Section 230

SSRN 2010.  Kathleen M. Walsh, Wikimedia Foundation Trustee and Executive Secretary of the Board of Trustees; George Mason University School of Law, Sarah Oh, Operations and Research Director of the Information Economy Project, George Mason University School of Law. As Virginia Woolf once wrote, “[T]o enjoy freedom, we have…to control ourselves.” [...]
Regulating Communications: Stories from the First Hundred Years

Regulating Communications: Stories from the First Hundred Years

13 Green Bag 2d 303 (2010).  Glen O. Robinson, Commissioner, Federal Communications Commission, 1974-76, David and Mary Harrison Distinguished Professor of Law Emeritus University of Virginia School of Law. This year we celebrate a century of electronic communications regulation. Well, maybe “celebrate” isn’t the right word. Critics of regulation [...]
Wireless Net Neutrality Regulation and the Problem with Pricing: An Empirical, Cautionary Tale

Wireless Net Neutrality Regulation and the Problem with Pricing: An Empirical, Cautionary Tale

16 Michigan Telecomm. & Tech. L. Rev. 1 (2009).  Babette E.L. Boliek, Associate Professor of Law at Pepperdine University School of Law. The imposition of network neutrality regulation on the mobile telecommunications market puts consumers at risk of facing higher prices and fewer Internet access options. The decision to regulate the mobile [...]
Natural Experiments in U.S. Broadband Regulation

Natural Experiments in U.S. Broadband Regulation

7 Review of Network Economics 13–33 (Issue 4, December 2008).  Thomas W. Hazlett, Professor of Law & Economics, George Mason University School of Law, Anil Caliskan, Research Economist. Regulations governing broadband networks are being considered. Natural experiments conducted with respect to "open access" rules yield probative marketplace ev[...]
Empirical Evidence on the Effect of Broadband Regulation

Empirical Evidence on the Effect of Broadband Regulation

Lessons from the Telecom Wars (Mini-Conference September 28, 2006). Thomas W. Hazlett, Director, Information Economy Project and Professor of Law & Economics, George Mason University School of Law. Net Neutrality: Market Evidence.  Assessing the horribles; Business models developed via unregulated transactions; Unregulated transactions now[...]
Net Neutrality: An Issue By Any Other Name

Net Neutrality: An Issue By Any Other Name

Lessons from the Telecom Wars (Mini-Conference September 28, 2006). Paul Misener, Amazon.com. Outline: Pull is Fundamental; Changing Business Model?; Net Neutrality; The Disagreement; Get Paid?; Questions/Discussion. GMUNetNeutralityPresentation.ppt [...]
Telecom Competition and the 1996 Act: Reflecting Back and Looking Forward

Telecom Competition and the 1996 Act: Reflecting Back and Looking Forward

Lessons from the Telecom Wars (Mini-Conference September 28, 2006). Marius Schwartz, Professor of Economics, Georgetown University. This talk: Reflects back on the premises underlying the 1996 Act, its key provisions — especially on network sharing — and the track record. Summarizes briefly some of the lessons and their implications for policy goi[...]
Stepping Stones or Stumbling Blocks? Mandatory Network Sharing in Telecom

Stepping Stones or Stumbling Blocks? Mandatory Network Sharing in Telecom

Lessons from the Telecom Wars (Mini-Conference September 28, 2006). Robert Crandall, Brookings Institution. From “Opening the Monopoly Bottleneck” to the “Stepping Stone Hypothesis”: In many countries, the bottleneck was never a “monopoly” bottleneck, just an expensive one. Unbundling and network sharing are regulatory interventions of last reso[...]
Rivalrous Telecommunications Networks With and Without Mandatory Sharing

Rivalrous Telecommunications Networks With and Without Mandatory Sharing

58 Federal Communications Law Journal 477-510 (2006).  Thomas W. Hazlett, Professor of Law & Economics, George Mason University School of Law. The 1996 Telecommunications Act (“1996 Act”), passed with bipartisan support, aimed to overturn the existing regime of regulated monopoly. Competition would be introduced, and regulation would fade away[...]