Intellectual Property Law

Skype, M2Z, and termination fees

By Susan Crawford

All being discussed at the FCC June 12 meeting, according to this report.

Here’s what may happen:  the Skype petition will be denied, more spectrum may be suggested for auction (on the condition that some of it be made available for free wireless use - relates to the M2Z plan that was rejected by the Commission), and a quiet deal between the FCC and wireless carriers on early termination fees may be struck.

Meanwhile, I’ve been spending time working on whether Clayton Act amendments would solve net neutrality issues.  At this point, I’m not confident this approach makes sense.  The current proposed bill, H.R. 5994, would allow for discrimination (as long as the discrimination was equal) by network operators, and is subject to substantial exceptions (including permitting measures by network operators that are designed to “prevent a violation of a Federal or State law” or to “manage the functioning of its network”).

More importantly, case-by-case antitrust-like remedies don’t fit the network problems that the neutrality movement has identified.  By the time we’ve managed to fight through the facts of a particular issue, the real battle - the battle for attention and user expectations - will have been lost.  More on this next week.

Happy graduation.

Full post as published by Susan Crawford Blog on May 23, 2008 (boomark / email).