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[ NNSquad ] How to regulate the internet tap



----- Forwarded message from Dave Farber <dave@farber.net> -----

Date: Sun, 25 Apr 2010 14:18:08 -0400
From: Dave Farber <dave@farber.net>
Subject: [IP] How to regulate the internet tap
Reply-To: dave@farber.net
To: ip <ip@v2.listbox.com>





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 week 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 Union 
>> in November to avoid any of the more extreme regulations that could 
>> stifle the innovation that has been the hallmark of the Internet. 
>> Instead, the union chose a more measured approach that emphasizes 
>> 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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>



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----- End forwarded message -----