TITLE:
The Court, FCC and Internet Policy: Partly with South Korea
AUTHORS:
Kiyoung Kim
KEYWORDS:
Net Neutrality, Internet, Chevron Rule, FCC, Judicial Deference, Three Branches, Public Policy, Market Regulation, Equal Access
JOURNAL NAME:
Beijing Law Review,
Vol.8 No.3,
September
29,
2017
ABSTRACT: The
paper aims to explore the contour of internet regulation with a thread of Brand X, which navigates through
constitutionalism, separation of powers, as well as business and economic or
political implications enshrined behind it. An exemplary insight with the Korean
case was adverted that could lead to the comparative perspective of internet
law and regulation for the future research. The research was conducted by employing
qualitative investigation, mainly relying on textual analysis and documentary examination.
The outcome of research generally corroborates with our assumption that i) the
increasing administrative state will variegate the traditional interplay of three
branches, ii) expert bureaucracy stands at the core of policy shaping because
of the necessary new concept of market and policy specialization, iii) the role
of US government is not only pioneering, but also influential as a regulator,
but comparatively with differing national jurisdictions if not a negligible
implications on the international competition or even conflict.