Internet content regulation: what method?

Abstract

The law and regulation of electronic communications in the United States (Us) is fragmented, overlapping, and controversial, with overarching First Amendment limitations for government action directed toward content. Because the law was written for “legacy” systems of telecommunications without regard for the present convergence of the industry and media, there are different laws, different administrative oversight, and sometimes conflicting legislative policies depending on the delivery mechanism and media. Because of this complexity, this article focuses on content regulation of internet communications broadly defined, how it impacts providers of telecommunications, and conversely how the private actions of providers impact content regulation. We begin with a discussion of the First Amendment to the United States Constitution, as it is essential to an understanding of the limitations to federal regulation. Then, federal statutory attempts to regulate internet content are examined followed by a discussion of the applicable administrative law. The last section of the article describes how private entities have filled in the gap in the absence of government regulation by private terms of use, and in conclusion compares this approach to other regulatory mechanisms.