For an Anti-discrimination Act for Cyberspace: Two-Sided Pricing, Walled Gardens, and the Depletion of the Marketplace of Ideas

Authors

Julien Mailland

Abstract

In the wake of renewed policy interest for the regulation of Internet gatekeepers, I argue that the U.S. Congress should pass a sweeping net neutrality regulation, an Anti-Discrimination Act for Cyberspace. Breaking with the tradition of siloed research which has seen similar proposals grounded in economics, computer science, history, political philosophy, and administrative and constitutional law, as separate matters, I offer a multi-disciplinary approach which combines these fields to draw new insights for Internet law and policy. I argue, with reference to leading Supreme Court cases, including Pruneyard Shopping Center v. Robins, that such a law would most likely pass First and Fifth Amendment constitutional muster, despite Internet service providers’ assertions to the contrary.

Recommended Citation

Julien Mailland, For an Anti-discrimination Act for Cyberspace: Two-Sided Pricing, Walled Gardens, and the Depletion of the Marketplace of Ideas, 44 UC Law SF Comm. & Ent. L.J. 41 (2021).
Available at: https://repository.uclawsf.edu/hastings_comm_ent_law_journal/vol44/iss1/3