How to regulate the internet tap

[Dave Farber <dave () farber net>]

Begin forwarded message:

> From: Dana Spiegel <dana () nycwireless net>
> Date: April 25, 2010 1:55:46 PM EDT
> To: dave () farber net
> Cc: ip <ip () v2 listbox com>
> Subject: Re: [IP] How to regulate the internet tap

> John Mayo is certainly an accomplished professor and author, but I'm  
> frustrated by his (and his coauthor's) apparent glossing over of one  
> critical difference between "the EU" and the US.
>
> Since the EU relies upon and assumes a secondary level of  
> government--the individual country governments of its members--any  
> regulation by the EU must take such national governments into  
> account. It seems that the EU's need to acknowledge and defer to  
> member governments  for more specific regulations is the primary  
> driver for its decision to regulate lightly. Indeed, the language  
> seems to indicate that since each country is different, each country  
> needs to enact is own relevant regulation.
>
> This is in stark contrast to the US government. The FCC cannot rely  
> on "member governments" to enact their own regulation. Indeed, state  
> and local government are specifically limited in the forms of  
> telecom regulation that they can enact. As a result, however the FCC  
> decides to regulate, that's that.
>
> While light-touch regulation is a good and noble theory, this  
> important difference between the US and EU in terms of how and where  
> such regulations should be imposed is something that must be taken  
> into consideration. If the FCC were to enact the same regulations  
> that the EU enacted, it would be by definition deficient with  
> respect to the level of citizen protection that each EU nation  
> provides, since the FCC would not have state-level regulations to  
> rely upon as the EU does for national regulations.
>
> --
> Dana Spiegel
> Executive Director, NYCwireless
> dana () nycwireless net
> +1 917 402 0422
>
> -------------------
> NYCwireless is a non-profit organization that advocates for, and  
> enables the growth of free, public wireless networks
> -------------------
>
>
>
>
>
> On Apr 25, 2010, at 1:14 PM, David Farber wrote:
>
> > Begin forwarded message:
> >
> > From: dewayne () warpspeed com (Dewayne Hendricks)
> > Date: April 21, 2010 4:15:18 PM EDT
> > To: Dewayne-Net Technology List <xyzzy () warpspeed com>
> > Subject: [Dewayne-Net] How to regulate the internet tap
> >
> > How to regulate the internet tap
> > NY Times
> > Op Ed
> > By John Mayo, Marius Schwartz, Bruce Owen, Robert Shapiro, Lawrence  
> > J. White, and Glenn Woroch
> >
> > “TRANSPARENCY is non-negotiable,” declared Europe’s new  
> > commissioner for digital issues, Neelie Kroes, in a speech last we 
> > ek laying out her thoughts on net neutrality. “In a complex system 
> >  like the Internet, it must be crystal-clear what the practices of 
> >  operators controlling the network mean for all users.”
> >
> > Ms. Kroes’s comments reflect the decision made by the European Uni 
> > on in November to avoid any of the more extreme regulations that c 
> > ould stifle the innovation that has been the hallmark of the Inter 
> > net. Instead, the union chose a more measured approach that emphas 
> > izes transparency.
> >
> > <http://www.nytimes.com/2010/04/21/opinion/21mayo.html?ref=opinion&pagewanted=print 
> > >RSS Feed: <http://www.warpspeed.com/wordpress>
> >
> >
> >
> >
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