Net Neutrality and Broadband Deployment

An open and affordable internet is critical to our economy, democracy, and our country's promise of equal opportunity. After the pandemic, everyone agrees on that. How we get there is the hard part. That's what the debates over net neutrality and broadband deployment are all about. This class will examine the policy issues, legal frameworks, and key court decisions that shape these two crucial debates. At its heart, net neutrality is the idea that we, the people who use the Internet, should be able to decide what we do online. We get to choose what sites to visit, what apps to use, and what videos to watch. Companies like Comcast, Verizon, and AT&T that we pay to get online don't get to influence our choices. The policy and legal fights over net neutrality have been going on for nearly two decades, both in the U.S. and internationally. In 2015, the debate captured U.S. public attention, leading to strong FCC protections and oversight. But in 2017, the FCC eliminated all protections. That set off fights in Congress, the courts, and the states. The FCC is now widely expected to restore net neutrality protections, and there's a strong chance that will happen during Winter quarter (which would be awesome timing). Through lectures, class discussions, and guest speakers, the class will introduce students to the key questions underlying the net neutrality debate so that they can become informed participants. Do we need net neutrality rules, and, if yes, what should they be? What are the options for addressing net neutrality at the FCC, in Congress, and by states? How do court decisions constrain states and the FCC? The pandemic also brought us images of students trying to do their homework from parking lots outside fast food restaurants, and stories of kids unable to participate in online learning for lack of connection. Congress allocated tens of billions in 2020 to spur new network deployment and is likely to add tens of billions more this year. That raises thorny policy questions. What's holding back deployment? Who should get funding: incumbents, co-ops, small operators, municipalities? What kind of networks should be funded? How do we take into account equity issues like digital redlining, geography, and affordability? How does the law constrain these choices? Who should take this class: Anyone who uses the internet. Those interested in internet and technology law, net neutrality, communications law, and appellate litigation. Those looking to clerk in the D.C. Circuit. There are no prerequisites for this class. The class is open to first year law students and graduate students from other schools. To apply for this course, non-law students must complete a Non-Law Student Add Request Form available on the SLS Registrar's Office website (see Non-Law Students). Elements used in grading: Class participation, written assignments, final exam.