The best short comment I've read on the mating dance between Verizon and Google is the Great Grimmelmann's About That Open Internet Thing.
A Personal Blog
by Michael Froomkin
Laurie Silvers & Mitchell Rubenstein Distinguished Professor of Law
University of Miami School of Law
My Publications | e-mail
All opinions on this blog are those of the author(s) and not their employer(s) unelss otherwise specified.
Who Reads Discourse.net?
Readers describe themselves.
Please join in.Reader Map
Recent Bluessky Posts- Should carve out the very southern bit of Florida, including Miami, which is more like northern South America. June 19, 2026 Michael Froomkin
- Jotwell: Corporate Robert Rosen, Protecting the Interests of Non-Parties in Corporate Governance, JOTWELL (June 18, 2026) (reviewing Gabriel Rauterberg & Sarath Sanga, Altering Rules: The New Frontier for Corporate Governance, 42 Yale J. on Reg. 291 (2025)), corp.jotwell.com/protecting-t.... June 19, 2026 Jotwell
- Jotewell Property: Rosa Newman, Is Gentrification Always the Enemy?, JOTWELL (June 17, 2026), (reviewing Carol N. Brown, A Civil Rights Defense of Gentrification, 97 Temp. L. Rev. 1 (2025)). property.jotwell.com/is-gentrific... June 17, 2026 Jotwell
- Jotwell Constitutional Law: Pat Gudridge, Mississippi Goddam!, JOTWELL (June 16, 2026) (reviewing Brandon M. Terry, Shattered Dreams, Infinite Hope: A Tragic Vision of the Civil Rights Movement (2025)), conlaw.jotwell.com/mississippi-.... June 17, 2026 Jotwell
- Jotwell Juris: Erik Encarnacion, The Rule of Law, through Thick and Thin, JOTWELL (June 15, 2026) (reviewing Felipe Jiménez, The Rule of Law, __ Mich. St. L. Rev. __ (forthcoming 2026), available at SSRN (Dec. 05, 2025)), juris.jotwell.com/the-rule-of-.... June 17, 2026 Jotwell
Recent Comments
- KK Ho on Introduction
- Michael on Robot Law II is Now Available! (In Hardback)
- Mulalira Faisal Umar on Robot Law II is Now Available! (In Hardback)
- Michael on Vince Lago Campaign Has No Shame
- Just me on Vince Lago Campaign Has No Shame
Subscribe to Blog via Email
Join 51 other subscribers
I’ve been very confused by this (and in theory I’m someone who should understand it pretty well) but I think things are starting to gel for me. I find the notion that all packets should be treated equally to be obviously ridiculous and I don’t think that’s what’s actually at issue in most cases. The problem here is that wireline networks are heavily overprovisioned – in the backbones, at least, there’s bandwidth to burn. That’s not the case in mobile cellular networks, however, and there’s more congestion and competition for a place in the queues. Traditional best-effort delivery will probably screw nearly everyone – clearly you don’t want “infrastructure” (routing, for example) packets being treated equally with web browser traffic and you probably don’t want real-time voice being treated equally with web browser traffic, either.
I don’t like slippery slope arguments but I suppose they’re unavoidable. So here, the question becomes “once you start making different guarantees about different kinds of traffic, how do you prevent the carriers turning this into a mechanism to squeeze more money out of customers?” Or at least that’s my understanding of the question. I don’t know what the answer is other than to point out that there’s already some traffic differentiating going on, but it’s invisible to users. I just really don’t know here, but the bottom line is that I find the suggestion that there should be no differentiation in traffic policy to be really odd. And I’ll note that it’s *especially* odd coming from AT&T customers .