Yoo, Christopher S., Protocol Layering and Internet Policy (2013).
University of Pennsylvania Law Review, Vol. 161, P. 1707, 2013; U of
Penn, Inst for Law & Econ Research Paper No. 13-18.
An
architectural principle known as protocol layering is widely recognized
as one of the foundations of the Internet’s success. In addition, some
scholars and industry participants have urged using the layers model as a
central organizing principle for regulatory policy. Despite its
importance as a concept, a comprehensive analysis of protocol layering
and its implications for Internet policy has yet to appear in the
literature. This Article attempts to correct this omission. It begins
with a detailed description of the way the five-layer model developed,
introducing protocol layering’s central features, such as the division
of functions across layers, information hiding, peer communication, and
encapsulation. It then discusses the model’s implications for whether
particular functions are performed at the edge or in the core of the
network, contrasts the model with the way that layering has been
depicted in the legal commentary, and analyzes attempts to use layering
as a basis for competition policy. Next the Article identifies certain
emerging features of the Internet that are placing pressure on the
layered model, including WiFi routers, network-based security, modern
routing protocols, and wireless broadband. These developments
illustrate how every architecture inevitably limits functionality as
well as the architecture’s ability to evolve over time in response to
changes in the technological and economic environment. Together these
considerations support adopting a more dynamic perspective on layering
and caution against using layers as a basis for a regulatory mandate for
fear of cementing the existing technology into place in a way that
prevents the network from innovating and evolving in response to shifts
in the underlying technology and consumer demand.
Van Hoboken, Joris V. J., Arnbak, Axel and Van Eijk, Nico, Obscured by Clouds or How to Address Governmental Access to Cloud Data from Abroad
(June 9, 2013).
Transnational
surveillance is obscured by the cloud. U.S. foreign intelligence law
provides a wide and relatively unchecked possibility of access to data
from Europeans and other foreigners. The amendments to the Foreign
Intelligence Surveillance Act in 50 USC 1881a (section 702) are of
particular concern. Recent leaks around the PRISM surveillance program
of the National Security Agency seem to support that these legal
possibilities are used in practice on a large scale.....
Skorup, Brent, Reclaiming Federal Spectrum: Proposals and Recommendations (May 28, 2013).
With
the popularity of smartphones, tablets, Wi-Fi, and other wireless
devices that require as an input transmissions over radio spectrum, the
rising demand for bandwidth is rapidly using up the available supply of
spectrum. Spectrum demand increases significantly every year with no end
in sight, yet the "greenfields" of available and unallocated spectrum
are gone. Redeployed spectrum must come from incumbent users. Today, the
largest holder of spectrum appropriate for mobile broadband is the
federal government, which uses spectrum for a variety of military and
nonmilitary uses. Federal users generally use spectrum only lightly and
the inefficiencies have triggered bipartisan calls for selling the
spectrum used by federal agencies to the private sector, particularly to
mobile broadband carriers. To date, reclaiming federal spectrum is a
painfully slow process and billions of dollars of social welfare are
lost with every year of delay. This paper examines proposals for
reclaiming spectrum and puts forth some best practices to ensure more
efficient use of spectrum. Policymakers should consider creating a
commission with authority to require the sale of spectrum so that
agency-controlled spectrum is quickly and easily redeployed to its
highest-valued uses. In the long run, Congress should also require
agencies to pay for the spectrum they possess, just as agencies pay
market prices for other inputs.
Sutherland, Ewan, A Short Note on World Class Broadband (June 11, 2013).
The
term world class is used in some broadband plans, as a target.
Comparisons with other countries are beneficial, though not
straightforward, in measuring progress. Claims about improvements to
national competitiveness and economic growth are difficult to determine,
given that economic rivals are following similar policies, and the
effects of the use of the most recent broadband services are difficult
to measure. Many countries rely on statistics that are inadequate for
the task, though there are independent data (e.g. crowdsourced) that
fill key gaps. Economic regulation will maximise the contribution of
market players, but there is a growing recognition of the need for
demand stimulation in order to reach potential silver surfers, the
disabled and the very poor. Different indicators and policies are
required. For a very countries broadband leadership is seen as part of a
manufacturing strategy, for those aspiring to be world class, it may be
sufficient to be fast followers, but this requires a wide range of
initiatives supported by high quality and timely statistics.
Dudley, Christie, Strange Intersections between Data Brokers and the
CFAA: A Financially Supported Attack on Privacy (May 7, 2013).
Available at SSRN: http://ssrn.com/abstract=2272550 or
http://dx.doi.org/10.2139/ssrn.2272550
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