(DOWNLOAD) "Internet Governance and Democratic Legitimacy." by Federal Communications Law Journal " eBook PDF Kindle ePub Free
eBook details
- Title: Internet Governance and Democratic Legitimacy.
- Author : Federal Communications Law Journal
- Release Date : January 01, 2010
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 447 KB
Description
I. INTRODUCTION Decentralization, user empowerment, and interoperability are engineering principles that have made the Internet an unrivaled medium for innovation today. (1) The Internet's remarkable growth has forced policymakers and legal scholars generally to privilege these principles above all others in their approach to Internet governance. Prominent legal scholars, for example, have enlarged the normative significance of decentralization, user empowerment, and interoperability by identifying them with prevailing administrative law doctrine and policy. Some would have governmental policymakers defer substantial first-instance rulemaking authority to private self-regulatory organizations, like the Internet Engineering Task Force (IETF), for which decentralization, user empowerment, and interoperability are a priority. (2) The geographically dispersed engineers and application designers who populate the Internet, these legal scholars assert, are far better suited than centralized agency bureaucrats to develop the rules for broadband network management. (3) Besides, the strongest version of this argument goes, the deliberative processes by which the IETF develops transmission standards are far more transparent and democratic than extant governmental processes. (4) This administrative approach does not recommend any particular substantive rules apart from those developed by standard-setting organizations, like the IETF. (5) I refer to this as the "technological" approach. The FCC's decision in August 2008 reprimanding the Comcast Corporation for blocking access to applications that require high bandwidth without subscribers' consent is the most recent and prominent articulation of this approach. (6)
 "Internet Governance and Democratic Legitimacy." by Federal Communications Law Journal " eBook PDF Kindle ePub Free){kind=link}