Download - Future of the Internet – And how to stop it.

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Notes to Pages 21–23
munications, 5 J. TELECOMM. & HIGH TECH. L. 15, 31–35 (2006); see also, e.g., Christopher
S. Yoo, Network Neutrality and the Economics of Congestion, 94 GEO. L.J. 1847,
1878–79 (2006); Kevin Werbach, The Federal Computer Commission, 84 N.C. L. REV.
1, 18–22 (2005).
3. See Hush-A-Phone v. United States, 238 F.2d 266 (D.C. Cir. 1956).
4. Id. at 269.
5. See Use of the Carterfone Device in Message Toll Tel. Serv., 13 F.C.C. 2d 420 (1968).
The FCC held that there was “no material distinction between a foreign attachment
such as the Hush-A-Phone and an interconnection device such as the Carterfone ... so
long as the interconnection does not adversely affect the telephone company’s operations
or the telephone system’s utility for others.” Id. at 423–24.
6. Between 1985 and 1995, the percentage of American homes with answering machines
increased from 13 percent to 52 percent. Peter Tuckel & Harry O’Neill, A Profile of
Telephone Answering Machine Owners and Screeners, in AM. STATISTICAL ASS’N, PRO-
CEEDINGS OF THE SURVEY RESEARCH METHODS, § 1157 (1995), available at http://
www.amstat.org/sections/SRMS/Proceedings/papers/1995_201.pdf; see also Robert
W. Oldendick & Michael W. Link, The Answering Machine Generation: Who Are They
and What Problem Do They Pose for Survey Research, 58 PUB. OPINION Q. 264, 268 tbl.2
(1994). The public’s adoption of fax machines also accelerated during the 1980s; the
number of fax machines in use increased from three hundred thousand to four million
by the end of the decade. See Fax Machine History, http://www.ideafinder.com/history
/inventions/fax.htm (last visited May 25, 2007).
7. See Walled Gardens—A Brick Wall, Shosteck E-mail Briefing (Herschel Shosteck Assocs.),
Mar. 2000 (“America Online (AOL) understands this. Originally conceived as a
closed ‘bulletin board’ service, AOL gained market acceptance by creating a vast array of
proprietary information which was regarded as superior to rivals of the day, including
CompuServe and Prodigy. However, the arrival of the Internet forced AOL to open its
doors. No matter how good the AOL proprietary content and services were, users demanded
access to the millions of websites available on the World Wide Web, and Internet
e-mail. Now, while AOL continues to gain revenue from its proprietary e-commerce
services and advertising relationships, the firm’s majority appeal is as an easy on-ramp to
the Internet—in essence, an access provider with much less emphasis on specific content
and services.”); see also Josh Ramo, How AOL Lost the Battles but Won the War, TIME,
Sept. 22, 1997, at 46 (“Retaining customers will become even harder as phone companies,
cable companies, Microsoft, and Netscape make it even easier to use the Internet’s
open standards for browsing the Web, chatting and sending mail”); Frank Rose, Keyword:
Context, WIRED, Dec. 1996, available at http://www.wired.com/wired/archive/
4.12/ffaol.html (“AOL’s strategy has been built on the notion that the Net would remain
a cult attraction, unsuited to a mass market that can’t handle anything more complicated
than VCR ... Yet as Wall Street and Madison Avenue fall increasingly under the Internet’s
spell, as tens of thousands of new websites blossom each month, and as the telcos
and RBOCs muscle into the access business, the outlook for proprietary online services
looks increasingly grim. CompuServe has been hemorrhaging 10,000 members a day.