2018 年キャリフォーニア州インターネット消費者保護及びネット中立性法 (2・完)

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  • [COMMENT] The California Internet Consumer Protection and Net Neutrality Act of 2018 (2)

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Abstract

Departmental Bulletin Paper

On January 4, 2018, the Federal Communications Commission (FCC) released its Restoring Internet Freedom Order of 2017. The FCC announced that the purpose of this Order is to promote broadband deployment in rural areas, increase infrastructure investment throughout the United States, foster innovation on the Internet, and eliminate the digital divide. This Order abolished virtually all the protections for "network neutrality" introduced by the FCC’s Open Internet Order of 2015. The new Order repealed (1) three bright-line rules that prohibit blocking, throttling and paid-prioritization, (2) a general Internet conduct standard, and (3) the transparency rule. The FCC asserts that the new "improved" transparency rule together with competition among Broadband Internet Access Service (BIAS) providers and the antitrust and consumer protection laws makes these rules unnecessary, and the new Order lowers the cost of achieving these targets. In fact, as expressed in the letter to the ranking members of Congress from Internet pioneers and other leaders on December 11, 2017, the abolishment of these rules will bring an imminent threat to the Internet by killing the "virtuous cycle" that drives innovation and investment on the Internet--both at the edges of the network, as well as in the network itself. The new Order is not sufficient to prevent the harm from open Internet violations by broadband providers. In addition, the influence of companies that construct their platforms in the Application Layer is not well considered. These companies have constructed their "walled garden" on the public Internet and taken full advantage of information and knowledge that they can exploit. This trend is accelerating with the technological developments in big data, Artificial Intelligence (AI), and the Internet of Things (IoT). Recently, some twenty-five state governments have tried to enact their own network neutrality laws. The California Internet Consumer Protection and Net Neutrality Act of 2018 is the "aristocrat," however, it still leaves much to be improved. Government authorities should design the additional framework that is necessary to retrieve and preserve the vibrant and open architecture of the Internet, recover and maintain the free flow of information and knowledge, and foster the future progress of the Internet.

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