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Network Neutrality: Justifiable Discrimination, Unjustifiable Discrimination, and the Bright Line Between Them
University of Windsor Scholarship at UWindsor Law Publications Faculty of Law 2007 Network Neutrality: Justifiable Discrimination, Unjustifiable Discrimination, and the Bright Line Between Them Noel Semple University of Windsor, Faculty of Law Follow this and additional works at: https://scholar.uwindsor.ca/lawpub Part of the Communications Law Commons, and the Internet Law Commons Recommended Citation Semple, Noel. (2007). Network Neutrality: Justifiable Discrimination, Unjustifiable Discrimination, and the Bright Line Between Them. Canadian Journal of Law and Technology, 6 (3), 163-173. https://scholar.uwindsor.ca/lawpub/40 This Article is brought to you for free and open access by the Faculty of Law at Scholarship at UWindsor. It has been accepted for inclusion in Law Publications by an authorized administrator of Scholarship at UWindsor. For more information, please contact [email protected]. Network Neutrality: Justifiable Discrimination, Unjustifiable Discrimination, and the Bright Line Between Them Noel Semple† Abstract his paper proposes a bright line test to guide the Canadian Radio-television and Telecommunications T Commission (‘‘CRTC’’) in regulating ‘‘network neutrality’’. When Internet service providers seek to discrimi- nate between uses and users in administering their networks, the CRTC should ask whether the proposed discrimination is a reasonable effort to make the price paid by each user commensurate to the demands which his or her use places on the network. Discrimination which meets this description should be tolerated if not actively encouraged, because it encourages the economically efficient allocation of scarce bandwidth. All other forms of ISP discrimination — including discrimination based on aesthetic judgments and profit-seeking discrimination in favour of owned or affiliated content — should be restrained by the CRTC, relying on subsection 27(2) of the Telecommunications Act. -
Open Society Archives
OSA book OSA / Publications OPEN SOCIETY ARCHIVES Open Society Archives Edited by Leszek Pudlowski and Iván Székely Published by the Open Society Archives at Central European University Budapest 1999 Copyright ©1999 by the Open Society Archives at Central European University, Budapest English Text Editor: Andy Haupert ISBN 963 85230 5 0 Design by Tamás Harsányi Printed by Gábor Rózsa Printing House, Budapest on Niveus acid-free offset printing paper of 90g/m2 produced by Neusiedler Szolnok Paper Mill, Hungary. This paper meets the requirements of ISO9706 standard. TABLE OF CONTENTS CHAPTER I. The coordinates of the Archives The enemy-archives (István Rév) 14 Archival parasailing (Trudy Huskamp Peterson) 20 Access to archives: a political issue (Charles Kecskeméti) 24 The Open Society Archives: a brief history (András Mink) 30 CHAPTER II. The holdings Introduction 38 http://www.osaarchivum.org/files/1999/osabook/BookText.htm[31-Jul-2009 08:07:32] OSA book COMMUNISM AND COLD WAR 39 Records of the Research Institute of Radio Free Europe/Radio Liberty 39 • The Archives in Munich (András Mink) 39 • Archival arrangement and structure of the records of Radio Free Europe/Radio Liberty Research Institute (Leszek Pud½owski) 46 • The Information Resources Department 49 The East European Archives 49 Records of the Bulgarian Unit (Olga Zaslavskaya) 49 Records of the Czechoslovak Unit (Pavol Salamon) 51 Records of the Hungarian Unit (Csaba Szilágyi) 55 Records of the Polish Unit (Leszek Pud½owski) 58 Records of the Polish Underground Publications Unit -
NET NEUTRALITY Work Operator
Database NET NEUTRALITY work operator. In October 2007, Comcast was ac- cused of secretly deploying filtering technologies to manage its network in order to keep some peer-to- Net neutrality denotes the neutral transmission of peer traffic from overloading its network and hence data via the Internet, i.e., every packet of data, affecting the accessing speeds of its other Internet regardless of its content, origin and the application subscribers. The FCC deemed it unreasonable for that created it, is treated the same way and the best Comcast to discriminate against particular Internet effort should always be made to forward it.This con- applications and not to disclose its practice ade- cept is often regarded as a fundamental characteris- quately to its customers and therefore ruled against tic of the Internet. However, the amount of data that Comcast’s practices of throttling Internet traffic and is transported via the Internet is increasing rapidly, delaying peer-to-peer traffic. Comcast appealed to especially because of applications like music and vi- the US Court of Appeals, claiming that no legally deo downloads, Internet TV,and Internet telephony. enforceable standards or rules on the matter existed. All these applications require large capacities. This In April 2010 the federal appeals court ruled that the may lead to a capacity overload and delays of data FCC had limited power over Internet traffic under transmissions.The current technological state allows current law. This decision allows network operators for assigning different priorities to different data to block or slow specific sites and charge sites to packets. Therefore, the discussion has emerged deliver their content faster to users. -
From Public Service Broadcasting to Public Service Media Gregory Ferrell Lowe & Jo Bardoel (Eds.)
From Public Service Broadcasting to Public Service Media Gregory Ferrell Lowe & Jo Bardoel (eds.) RIPE @ 2007 NORDICOM From Public Service Broadcasting to Public Service Media From Public Service Broadcasting to Public Service Media Gregory Ferrell Lowe & Jo Bardoel (eds.) NORDICOM From Public Service Broadcasting to Public Service Media RIPE@2007 Gregory Ferrell Lowe & Jo Bardoel (eds.) © Editorial matters and selections, the editors; articles, individual con- tributors; Nordicom ISBN 978-91-89471-53-5 Published by: Nordicom Göteborg University Box 713 SE 405 30 GÖTEBORG Sweden Cover by: Roger Palmqvist Cover photo by: Arja Lento Printed by: Livréna AB, Kungälv, Sweden, 2007 Environmental certification according to ISO 14001 Contents Preface 7 Jo Bardoel and Gregory Ferrell Lowe From Public Service Broadcasting to Public Service Media. The Core Challenge 9 PSM platforms: POLICY & strategY Karol Jakubowicz Public Service Broadcasting in the 21st Century. What Chance for a New Beginning? 29 Hallvard Moe Commercial Services, Enclosure and Legitimacy. Comparing Contexts and Strategies for PSM Funding and Development 51 Andra Leurdijk Public Service Media Dilemmas and Regulation in a Converging Media Landscape 71 Steven Barnett Can the Public Service Broadcaster Survive? Renewal and Compromise in the New BBC Charter 87 Richard van der Wurff Focus on Audiences. Public Service Media in the Market Place 105 Teemu Palokangas The Public Service Entertainment Mission. From Historic Periphery to Contemporary Core 119 PSM PROGRAMMES: strategY & tacticS Yngvar Kjus Ideals and Complications in Audience Participation for PSM. Open Up or Hold Back? 135 Brian McNair Current Affairs in British Public Service Broadcasting. Challenges and Opportunities 151 Irene Costera Meijer ‘Checking, Snacking and Bodysnatching’. -
AB 1699 Page 1
AB 1699 Page 1 Date of Hearing: April 30, 2019 ASSEMBLY COMMITTEE ON PRIVACY AND CONSUMER PROTECTION Ed Chau, Chair AB 1699 (Levine) – As Amended April 22, 2019 SUBJECT: Telecommunications: public safety customer accounts: states of emergency SUMMARY: This bill would prohibit, among other things, a mobile internet service provider (ISP) from impairing or degrading the lawful internet traffic of its public safety customer accounts, subject to reasonable network management, as specified, during a state of emergency declared by the President or the Governor, or upon the declaration of a local emergency by an official, board, or other governing body vested with authority to make such a declaration in any city, county, or city and county. This bill would state that the Legislature finds and declares that this bill is adopted pursuant to the police power granted to the State of California under the United States Constitution and cannot be preempted by the Federal Communications Commission (FCC), and that the bill ensures police and emergency services personnel have access to all of the resources necessary for them to operate effectively during a state of emergency. EXISTING LAW: 1) Declares it unlawful for a fixed or mobile ISP, insofar as the provider is engaged in providing fixed broadband internet access service, to engage in certain activities, including, among other things: Blocking lawful content, applications, services, or nonharmful devices, subject to reasonable network management. Impairing or degrading lawful internet traffic on the basis of internet content, application, or service, or use of a nonharmful device, subject to reasonable network management. Unreasonably interfering with, or unreasonably disadvantaging, either an end user’s ability to select, access, and use broadband internet access service or the lawful internet content, applications, services, or devices of the end user’s choice, or an edge provider’s ability to make lawful content, applications, services, or devices available to end users, subject to reasonable network management. -
A Socialist Schism
A Socialist Schism: British socialists' reaction to the downfall of Milošević by Andrew Michael William Cragg Submitted to Central European University Department of History In partial fulfilment of the requirements for the degree of Master of Arts Supervisor: Professor Marsha Siefert Second Reader: Professor Vladimir Petrović CEU eTD Collection Budapest, Hungary 2017 Copyright notice Copyright in the text of this thesis rests with the Author. Copies by any process, either in full or part, may be made only in accordance with the instructions given by the Author and lodged in the Central European Library. Details may be obtained from the librarian. This page must form a part of any such copies made. Further copies made in accordance with such instructions may not be made without the written permission of the Author. CEU eTD Collection i Abstract This work charts the contemporary history of the socialist press in Britain, investigating its coverage of world events in the aftermath of the fall of state socialism. In order to do this, two case studies are considered: firstly, the seventy-eight day NATO bombing campaign over the Federal Republic of Yugoslavia in 1999, and secondly, the overthrow of Slobodan Milošević in October of 2000. The British socialist press analysis is focused on the Morning Star, the only English-language socialist daily newspaper in the world, and the multiple publications affiliated to minor British socialist parties such as the Socialist Workers’ Party and the Communist Party of Great Britain (Provisional Central Committee). The thesis outlines a broad history of the British socialist movement and its media, before moving on to consider the case studies in detail. -
Zscaler Bandwidth Control Ensures Your Mission-Critical Applications, Like Office 365, Don’T Take a Back Seat to Youtube, OS Updates, and Streaming Content
DATA SHEET Zscaler™ Bandwidth Control Prioritize business applications over recreational traffic Zscaler Bandwidth Control ensures your mission-critical applications, like Office 365, don’t take a back seat to YouTube, OS updates, and streaming content. The challenge of managing bandwidth in a UTM/Firewall Appliance Sprawl cloud world Leading organizations are moving toward local Internet breakouts to ensure a fast user experience and realize the full agility and cost-saving benefits of the cloud. With more traffic bound for the Internet, it is essential that business apps, like Office 365, are prioritized over YouTube, Spotify, and other recreational traffic like live-streaming sporting events. One way to route traffic locally and police bandwidth is to deploy next- generation firewalls or UTM appliances in each location, but this approach creates costly, unmanageable appliance sprawl. User experience also HQ DATA CENTER suffers with an appliance-based approach because appliances are not designed for bandwidth shaping and will drop packets and interrupt streaming video. And, because this approach is implemented in the last mile, instead of the cloud, the enterprise itself remains vulnerable to bottlenecks and bandwidth contention. Break Free with Zscaler A better approach: Zscaler Bandwidth Control With the majority of your users and applications in the cloud, and most of your traffic now bound for the Internet, it makes sense to move your security and controls to the cloud, too. By implementing Zscaler Bandwidth Control — part of the Zscaler Cloud Security Platform — you can route traffic locally to the Internet, providing great performance and the same level of protection for all users, across all locations. -
Regulatory Framework for an Open Internet: the Canadian Approach – the Right Way Forward?
Regulatory Framework for an Open Internet: The Canadian Approach – the Right Way Forward? George N. Addy [email protected] Elisa K. Kearney [email protected] icarus – Fall 2010 Regulatory Framework for an Open Internet: The Canadian Approach – the Right Way Forward? George N. Addy [email protected] Elisa K. Kearney [email protected] Davies Ward Phillips & Vineberg LLP1 Access to the Internet depends on the physical infrastructure over which it operates. Although increasingly becoming a competitive market with the introduction of wireless and satellite technologies for broadband Internet access, in many countries or geographic areas the options available for Internet access may be limited to one or two facilities based carriers and a number of resellers of telecommunications services. For example, in Canada, as in the United States, the “residential broadband market has largely settled into regionalized competition between the incumbent telephone company and local cable provider.”2 The concept of net neutrality embodies the principle that access to the Internet be provided in a neutral manner in that Internet service providers (“ISPs”) do not block, speed up or slow down particular applications or content, and that ISPs do not use infrastructure ownership to favour affiliate offerings, content or applications. Calls for net neutrality regulation are premised on the fear that market competition is insufficient to discipline the 1 George N. Addy is the senior partner leading the Competition and Foreign Investment Review group of Davies Ward Phillips & Vineberg LLP in Toronto, Canada and is also part of the Technology group. Mr. Addy was head of the Canadian Competition Bureau (1993- 1996) and its merger review branch (1989-1993). -
FCC Jurisdiction Over ISPS in Protocol-Specific Bandwidth Throttling Andrew Gioia University of Michigan Law School
Michigan Telecommunications and Technology Law Review Volume 15 | Issue 2 2009 FCC Jurisdiction over ISPS in Protocol-Specific Bandwidth Throttling Andrew Gioia University of Michigan Law School Follow this and additional works at: http://repository.law.umich.edu/mttlr Part of the Administrative Law Commons, Communications Law Commons, and the Internet Law Commons Recommended Citation Andrew Gioia, FCC Jurisdiction over ISPS in Protocol-Specific Bandwidth Throttling, 15 Mich. Telecomm. & Tech. L. Rev. 517 (2009). Available at: http://repository.law.umich.edu/mttlr/vol15/iss2/7 This Note is brought to you for free and open access by the Journals at University of Michigan Law School Scholarship Repository. It has been accepted for inclusion in Michigan Telecommunications and Technology Law Review by an authorized editor of University of Michigan Law School Scholarship Repository. For more information, please contact [email protected]. NOTE FCC JURISDICTION OVER ISPS IN PROTOCOL-SPECIFIC BANDWIDTH THROTTLING Andrew Gioia* Cite as: Andrew Gioia, FCC Jurisdictionover ISPs in Protocol-SpecificBandwidth Throttling, 15 MICH. TELECOMM. TECH. L. REV. 517 (2009), available at http://www.mttlr.org/volfifteen/gioia.pdf I. INTRODUCTION ......................................................................... 518 I. TECHNICAL AND PROCEDURAL BACKGROUND ......................... 519 A . The BitTorrent Protocol..................................................... 519 B. Comcast's Protocol-SpecificDiscrimination Policy .......... 520 III. THE FCC -
Oxygen-3 User Guide
Oxygen-3 User Guide Model Oxygen-3 3066 Beta Avenue | Burnaby, B.C. | V5G 4K4 Sales: 1.877.985.2878 \ 604.294.4465 Revision Rev 1.9 Support: 1.844.462.9773 \ 778.462.9773 [email protected] Firmware Rev 5.0 Revision Control 2 Revision Control Description Revision Date Release Update 1.1 04-Mar-2015 Minor Update 1.2 23-Sep-2015 Update for firmware rev. 4.3 1.3 29-Sep-2015 Update for firmware rev. 4.4 - 4.5 1.4 18-Dec-2015 Update for firmware rev. 4.6 - 4.7 1.5 09-Jun-2016 Update for firmware rev. 4.8 1.6 11-Aug-2016 Added Chapter on WLAN 1.7 21-Sept-2016 Update for firmware rev. 4.9 1.8 09-Jan-2017 Update for firmware rev. 5.0 1.9 10-July-2017 Contents Revision Control .............................................................................................................................................. 2 Contents .......................................................................................................................................................... 2 1 Legal Notices ........................................................................................................................................... 6 1.1 Regulatory Restrictions ................................................................................................................... 6 1.2 Electromagnetic Interference (EMI) – United States FCC Information ........................................... 7 1.3 Electromagnetic Interference (EMI) – Canada Information ........................................................... 7 1.4 Li-Ion Battery .................................................................................................................................. -
Study on Net-Neutrality Regulation
BoR (17) 159 Final public report for BEREC Study on net-neutrality regulation 18 September 2017 James Allen, Andrew Daly, J. Scott Marcus, David de Antonio Monte, Robert Woolfson Ref: 2009152-254 . Study on net-neutrality regulation Contents 1 Executive summary 1 1.1 Background and purpose of the work 1 1.2 Overview of approach to tackling net neutrality in each country 1 1.3 Case studies of monitoring tools and techniques 3 1.4 Lessons learnt and concluding remarks 4 2 Introduction 6 2.1 Aim of the study 6 2.2 Summary of net neutrality 6 2.3 Approach to conducting the study 7 2.4 Structure of this document 7 3 Approach to tackling net neutrality in benchmark countries 8 3.1 The evolution of net-neutrality rules over time 8 3.2 Non-net-neutral practices 11 3.3 Transparency obligations on ISPs in relation to practices which may affect net neutrality 19 3.4 Monitoring and supervision by NRAs 22 3.5 Legal mechanisms for enforcement of net neutrality by NRAs 24 3.6 Reporting by NRAs 25 4 Case studies 26 4.1 Chile: Adkintun 26 4.2 Chile: Sistema de Transferencia de Información (STI) 27 4.3 USA: Netalyzr 28 4.4 USA: Measuring Broadband America programme 28 5 Lessons learnt and concluding remarks 33 Annex A Tools and techniques available to detect and characterise non-net-neutral practices Ref: 2009152-254 . Study on net-neutrality regulation Copyright © 2017. Analysys Mason Limited has produced the information contained herein for BEREC. The ownership, use and disclosure of this information are subject to the Commercial Terms contained in the contract between Analysys Mason Limited and BEREC. -
DR. MICHAEL A. GEIST A. Education B. Employment C. Publications I
DR. MICHAEL A. GEIST University of Ottawa Law School, Common Law Section 57 Louis Pasteur St. Ottawa, ON, K1N 6N5 (613) 562-5800, x3319 email:[email protected] Web: http://www.michaelgeist.ca A. Education J.S.D., Columbia University, School of Law, 2002 LL.M., Columbia University, School of Law, 1998 LL.M. in Commercial and European Union Law, Wolfson College, University of Cambridge, 1994 Graduate Legal Research Scholar (“Kenkyusei”), Kobe University Faculty of Law, 1992-93 LL.B., Osgoode Hall Law School, York University, 1992 Chinese Law Summer Program, East China Institute of Politics and Law, Shanghai, PRC, 1990 Political Science Major, University of Western Ontario, 1987-89 B. Employment Canada Research Chair in Internet and E-commerce Law, University of Ottawa, Faculty of Law, Common Law Section, 2003 – present (renewed 2008) Visiting Professor, University of Haifa, Faculty of Law, December 2006 – January 2007 Associate Professor, University of Ottawa, Faculty of Law, Common Law Section, 2002 – present Technology Counsel, Osler, Hoskin & Harcourt LLP, 2002 - 2004 Assistant Professor, University of Ottawa, Faculty of Law, Common Law Section, 1998-2002 Acting Director, Ontario Research Network for E-commerce (ORNEC), 2001 - 2002 Director of E-Commerce Law, Goodmans LLP, Toronto, 2000 – 2002 Associate-in-Law, Columbia University, School of Law, 1996-98 Assistant Professor, Dalhousie University, Faculty of Law, 1995-96 Articling Associate, Goodman Phillips & Vineberg, Toronto, Ontario 1994-95 C. Publications I. Books Michael Geist, Our Own Creative Land: Cultural Monopoly and The Trouble With Copyright (The Hart House Lecture 2006), The Hart House Lecture Committee, 2006 (47 pp.) Michael Geist, ed., In the Public Interest: The Future of Canadian Copyright Law, Irwin Law, 2005 (602 pp.) Michael Geist, Internet Law in Canada, 3rd Edition, Captus Press, 2002 (925 pp.) Michael Geist, Internet Law in Canada, 2nd Edition, Captus Press, 2001 (876 pp.) Michael Geist, Internet Law in Canada, Captus Press, 2000 (747 pp.) II.