A Deference to Protocol: Fashioning a Three-Dimensional Public Policy Framework for the Internet Age

Authors

Richard S. Whitt, Motorola Mobility

Abstract

This Article discusses how public policy grounded in the Internet's architecture can best ensure that the Net fully enables tangible benefits such as innovation, economic growth, free expression, and user empowerment. In particular, recognizing that the Internet is rapidly becoming society's chief operating system, this Article shows how an overarching public policy framework should be faithful to the multifaceted nature of the online world. As part of such a framework, this Article will explore one key aspect of the Internet: the "logical" Middle Layers functions, its inner workings derived from open software protocols and inclusive, decentralized processes. Adhering to the deferential principle of "respect the functional integrity of the Internet," in combination with the appropriate institutional and organizational implements, can help ensure that any potential regulation of Internet-based activities enables, rather than hinders, tangible and intangible benefits for end users. In brief, optimal public policy solutions can come from fitting the correct Code (Net target) to the most effective Rules (institutions) and Players (organizations).

Disciplines

Consumer Protection Law | Entertainment, Arts, and Sports Law | Internet Law | Law

Recommended Citation

Richard S. Whitt, A Deference to Protocol: Fashioning a Three-Dimensional Public Policy Framework for the Internet Age, 31 Cardozo Arts & Ent. L.J. 689 (2013).
Available at: https://larc.cardozo.yu.edu/cardozoaelj/vol31/iss3/8