The hottest debate in telecommunications policy circles is whether broadband network providers should be subject to a "network neutrality" mandate. This mandate, although often undefined, suggests that the traditional "best efforts" Internet provides an open platform for innovation that is threatened by the plans of broadband providers to begin offering quality of service arrangements for a fee. As the Internet continues to evolve, and such arrangements move from the drawing board to the marketplace, we will be in an increasingly good position to determine what, if any, limitations on such arrangements make sense.

This conference will aim to take a step back from the tug-of-war character to many discussions of the issue (as well as take the debate outside of Washington) to provide a forum for constructive discussion. In so doing, it will bring together an array of thoughtful participants to examine the first principles that animate the ongoing debate - (1) what kind of innovation by applications providers is valuable; (2) what type of investment and innovation in the network itself is valuable; (3) when, if at all, might broadband operators support or seek to undermine such innovation; (4) what risks are there that regulation might lead to unintended consequences; and (5) what risks are there that after-the-fact regulation - or even industry self-regulation - might be materially less effective than prophylactic rules.

The conference will center around three central themes - (1) the development of enhanced delivery technologies; (2) what is the Internet - divining the line between private, managed networks and the wide open public Internet; and (3) crafting effective regulatory safeguards to protect competition and consumers. As to effective delivery technologies, there are an array of innovations aimed at improving network performance - caching services; prioritized packet delivery; peer-to-peer mitigation; and blocking techniques (for spam, viruses, etc.) On the question of "what is the Internet," we will discuss the Internet's original mission and whether and how the development of new, private networks is in tension with that mission. Finally, on the question of effective regulatory safeguards, the question arises of what institution - the Federal Communications Commission, the Federal Trade Commission, antitrust courts, or self-regulation - can oversee protections against anticompetitive or anti-consumer conduct.