Gwen Shaffer

Frame-Up: An Analysis of Arguments For and Against Municipal Wireless Initiatives

Dozens of North American cities have announced plans to build and manage wireless broadband networks. This textual analysis is a side-by-side comparison of documents used to build up and break down the case for municipal Wi-Fi (shorthand for wireless fidelity). It examines how officials in Philadelphia—and in Atlanta and Minneapolis—use “public good” principles to frame their arguments for a potentially massive taxpayer investment in wireless technology, whereas the telecommunications industry frames city-run networks as risky and unnecessary. The industry and municipal documents frequently contradict and challenge each other—a reality that highlights the manner in which information is manipulated to “prove” even clashing arguments and influence the public debate over Wi-Fi policy.

Should users be entitled to use and control the devices of their choice on networks

Much of the research on an Internet of Things assumes that users will be able to connect devices without consent by or interference from their service providers. However, in cable and satellite television networks, cellular networks, and some broadband Internet networks, the service provider often only allows use of set-top boxes, smart phones, and residential gateways obtained directly from the provider. The ability of a provider to implement such restrictions is limited by communications law. We review how communications law in the United States currently addresses the right of a user to connect devices of their choice. We propose a set of user and service provider rights that should guide development of new legal principles. We identify the pertinent network architectural principles, and propose concepts that can be used to create a new legal framework for device attachment to telephone networks, video networks, cellular networks, and the Internet. We illustrate how this legal framework, combined with standardized interfaces and protocols, can ensure an open network that supports innovation in devices.

Policy Prose: The Role of Symbolic Language in the VoIP Deregulation Debate

This study applies critical discourse analysis to examine how language influences digital technology policies. Specifically, the researcher examined how lawmakers and major phone providers symbolically associated widely supported ideas—including net neutrality, job creation, technological innovation and consumer protection—with deregulation of telecommunications services. Twenty-seven states have adopted legislation that eliminates or reduces the authority of local and state agencies to regulate voice-over Internet protocol (VoIP) telephone services, which transmit voice communications digitally. The discourse surrounding passage of VoIP deregulation provides key insights into how culturally symbolic phrases are used to legitimize arguments, to paint a particular picture of reality and evoke universal themes. The analysis primarily focuses on about a dozen state bills modeled after legislation written by the American Legislative Exchange Council, a conservative corporate-member group.

An Examination of How the FCC Uses "Voluntary Commitments" from Merging Telecommunications Companies to Advance Policy Goals

This study examines the FCC’s historical use of “voluntary commitments” when approving telecommunications company mergers. Because complex factors such as market conditions, corporate lobbying, political climate and technological change dictate regulations, it is grounded in a political economic framework. Using a focused synthesis, the authors examined key policy issues, such as the political climate and power structures in place during various telecommunications company transactions. The study contrasts the FCC’s ability to extract commitments from merging companies with previous unsuccessful attempts to achieve similar goals through the established rulemaking process, with particular focus on the 2011 Comcast/NBC-Universal merger. The newly formed company agreed to a slew of voluntary commitments that advanced policies—related to streaming video, digital inclusion and online journalism—strongly opposed by industry during previous FCC attempts to impose them industrywide.

User and ISP Rights of Device Attachment and Device Management

Internet research often assumes users may connect devices without consent by their service providers. However, in many networks the service provider only allows use of devices obtained directly from the provider. We review how United States communications law addresses the rights of users to connect devices of their choice. We explicate a set of user and service provider rights. We propose legal requirements for attachment and management of devices. We illustrate how these proposed regulations would affect the services currently offered on telephone, cable, satellite, video networks, and cellular networks, as well as on the Internet.