Worldwide mobile messaging traffic = 28.2 trillion messages (2017), not counting email.
Email:
205 billion sent/received per day (2015), or 2.4 million per second, or 74 trillion per year
306 billion per day as of year-end 2020
Humans generated 44 trillion gigabytes of data as of year-end 2020
Palfrey, Four Phases of Internet Regulation (2010)
Phase I: Open Internet
Phase 2: Access Denied
Phase 3: Access Controlled
Phase 4: Access Contested
Phase One: The Open Internet (1960s-2000)
Cyberspace viewed as unique, futuristic, amazing, borderless
Beyond regulation
Connecting people globally
Unlimited access to knowledge
Force for democratization (Arab Spring)
Let it grow and thrive
Phase Two: Access Denied (2000-2005)
Content Blocking/Filtering
China
Saudi Arabia
Indonesia v. Holland
Phase Three: Access Controlled (2005-2010)
Sophisticated filtering
User registration/authentication
Google/China
Network management - throttling, etc.
Increased law enforcement activity
Phase Four: Access Contested (2010-present)
Companies and Civil Society pushing back
Public/Private “blend” of regulation emerging
July 16, 2019: “Google shut down Chinese censorship project but won’t rule out working with China”
Regulating individuals vs. platforms
Fake News, Fake Political Ads, etc.
Key Regulatory Issues in a Digital World of "Radical Uncertainty"
Who has jurisdiction?
Internet is borderless
How do we resolve conflicting rules?
What regulatory paradigm(s) should be used for cutting-edge technology to encourage innovation and investment?
Ex Ante: Too soon; stifle investment and innovation
Reactive: Too late; stranded investment
Proactive/Dynamic/”Sandbox:” regulatory test-bed
Innovative Ecosystems: collaboration between incumbents and start-ups/incubators
Yahoo (9th Cir. 2006)
Nazi images legal in California, but illegal in France
Yahoo transmitted Nazi images stored on a server in California to France and targeted advertising to French users
French court ruled against Yahoo
Yahoo argued France lacked jurisdiction to enforce against Yahoo
US Court of Appeals upheld the French order
Yahoo (cont’d)
Dissenting opinion: "By denying adjudication, the majority abdicates our proper role in protecting Yahoo's constitutional rights. In so doing, it leaves in place a foreign country's vague and overbroad judgment mandating a U.S. company to bar access to prohibited content by Internet users from that country."
Dissenting opinion: "This astonishing result is itself the strongest argument for finding Yahoo's claims ripe for adjudication. Are we to assume that U.S.-based Internet service providers are now the policing agencies for whatever content another country wants to keep from those within its territorial borders – such as, for example, controversial views on democracy, religion or the status of women?"