Freedom, Regulation And Net Neutrality

Law360 (October 22, 2007, 12:00 AM EDT) -- “Die ich rief, die Geister, werd' ich nun nicht los!” 1

* Introduction *

The current debate over network neutrality — in all meanings of that phrase — embodies at its core a fundamental contradiction.

Some parties ("Netheads2") extol the freedom of the Internet: freedom from metering and from such government interference as taxation, commercial regulation or political or moral censorship. For others ("Bellheads"), the Internet is a business, and their facilities and the services that ride upon them must be managed and priced to be...
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