Does Network Neutrality Impose Common Carrier Responsibilities on ISPs?
ISPs make a valid point that elements of network neutrality would impose elements of common carrier regulatory burdens that they have managed to avoid while still qualifying for the DMCA safe harbors. Having avoided compulsory nondiscrimination requirements, ISPs now want to use deep packet inspection and other techniques to engage in selective price and QOS discrimination while at the same time retaining the ISP status that eliminates most regulatory scrutiny. While common carrier regulation imposes some degree of constraints that would not otherwise exist, one should examine closely the nature of common carrier-type restrictions that network neutrality would impose. Not all common carriers face the same level of constraints, and the Telecommunications Act of 1996 provides a method for selective elimination of common carrier burdens when the public interest supports such a reduction. [92] Technically cellular telephone companies still operate under some of the constraints of common ca
