The new FCC Chairman, Ajit Pai, has announced his intention to repeal the FCC’s 2015 Open Internet Order that had brought the internet under Title II common carrier regulation and to reclassify ISPs as Title I information services. There is sure to be a contentious battle over these new rules and a fierce debate about the prospects for net neutrality if broadband is reclassified. Our discussion will try to rise above the rhetoric and provide tech lawyers with practical information on how publishers, platforms and content providers can position themselves and prepare in the wake of this major policy shift.
Tyler G. Newby, Co-Chair, Privacy & Cybersecurity, Partner, Litigation, Fenwick & West, LLP (Moderator)
Evan Engstrom, Executive Director, Engine
Marc Lawrence-Apfelbaum, Former EVP, General Counsel & Secretary, Time Warner Cable
Corynne McSherry, Legal Director, Electronic Frontier Foundation
Tejas N. Narechania, Assistant Professor of Law, University of California, Berkeley, School of Law
This session will begin with a technical tutorial on the architecture of the Internet to provide a solid basis for a discussion about net neutrality — how edge providers send traffic to ISPs, how “peering,” “throttling,” and “fast lanes” work in the real world, and how the Internet can support services such as high-definition video streaming at scale. Our panel will then discuss the FCC’s controversial decision applying common-carrier regulation to the Internet, discuss how digital stakeholders from start-ups to massive infrastructure players will be impacted by the new FCC regulations, analyze the appeals and potential for Congressional action, and explore what’s at stake for all members of the Internet community.
Panelists: Kurt Wimmer, Partner, Covington & Burling (Moderator); Jonathan Mayer, Cybersecurity Fellow, Center for International Security and Cooperation, Stanford University (Tutorial); Evan Engstrom, Policy Director, Engine; Dave Kumar, Partner, Goldberg, Godles, Wiener & Wright LLP; Berin Szoka, President, TechFreedom.