More than fifteen years have passed since the two major U.S. statutes concerning the secondary liability of Internet service providers were adopted--the Communications Decency Act and the Digital Millennium Copyright Act. The statutes have been criticized; however, very little of the criticism has come from Internet service providers, who have enjoyed the benefits of generous safe harbors and immunity from suit guaranteed by these statutes. This Article raises the question of whether these statutes contribute to incumbent entrenchment--solidifying the position of the existing Internet service providers to the detriment of potential new entrants. The current laws and industry self-regulation may hamper the entry of new service providers into the market and thereby retard the technological progress that best serves society.
62 Am. J. Comp. L. 685
Trimble, Marketa and Mehra, Salil K., "Secondary Liability, ISP Immunity, and Incumbent Entrenchment" (2014). Scholarly Works. Paper 926.