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网络中立法的议案从很早的时候就在美国国会炒得沸沸扬扬,尤其是奥巴马作为一名支持网络中立的总统上台后引起了人们对网络中立新一轮的讨论。网络有关各方都参与其中表达自己的主张,但是打嘴仗的不少,真正采取行动的是Comcast和FCC。本文试图理清网络中立争论的不同层面,在介绍美国的议会游说和个案实践的情况基础上,努力揭示网络中立立法争论的核心问题,以及从FCC对Comcast案的裁判书中总结出什么是合理网络管理的一些标准,提炼出其中中国可以移植的经验。
Proposals for legislation in the network have been very much in the US Congress since the very early morning, especially after Obama took power as a neutral neutral president to give rise to a new round of neutral discussions. All parties involved in the network are involved in expressing their opinions. However, many mouth-openers are taking place. The real actions are Comcast and the FCC. This article tries to sort out the different aspects of cyber neutrality debate. Based on the introduction of parliamentary lobbying and case practice in the United States, this article tries hard to reveal the core issues of cyber neutrality debate and summarizes what is reasonable from the FCC Comcast case Some of the standards for network management shed some light on China’s experience of portability.