Net Neutrality: The Full Employment Act for Lawyers

Beware of what you ask for. You see as a Common Carrier you received all types of protection. Since Elizabeth I you got lots of assurance that your liability was limited. Now that the big carriers got what they asked for, perhaps they may want to explore that a bit.

I wrote an extensive piece some ten years ago. It may really be worth looking at now! I also wrote a draft book on the subject, including interconnection.

This may easily lead to a massive number of large class action suits. For example:

1. What the FCC in its wisdom did was remove Common Carrier protection. Under such a class, common carrier, your liability was limited to what you were paid for the transport. As no longer being a common carrier you become a party to any claim resulting from what the service being provided is used for and the damages resulting therefrom. Yep, send a noisy CAT of a mammogram and misread the lesion, you are now a party.

2. In classic common carriage, you sell access to your network according to standard prices.If you have a subsidiary that competes with some third party then you are safe from any antitrust claims. Both Sherman (criminal) and Clayton (FTC). But now you can compete with price discrimination, namely discriminatory pricing. Welcome to Clayton. This will keep antitrust attorneys fully occupied, and it is a class.

3. I remember when I first started at Bell Labs in 1964. The turned Beverly Hills over with ESS No 1. It crashed at 12:45 PDT, which was 3:45 EDT and just before the Stock Market closed. Millions of lost trades. But too bad, as a common carrier your were safe. But now as a party to the transaction you become a party to the claim.

I can see this list just expanding! Having been an Expert at a few dozen trials, I just am amazed at how some folks just do not think, unless .... well I will just keep that one to myself.