Marcelo Thompson

Two paragraphs, your conclusions.

Jacques Ellul, 1964, The Technological Society:

 Justice is no longer conceived of as a practical requirement vis-à-vis individual problems, but rather as a mere idea, an abstract notion. Then it becomes simple to discard it entirely. Even so, men of law have certain scruples and are unable to eliminate justice from the law completely without twinges of conscience. But it is not possible to retain it because of the difficulties it involves, the uncertainty of operation and unpredictability it entails. In a word, judicial technique implies that bureaucracy cannot be burdened any longer with justice. (…) The schematism I have described is found over and over again behind the complexity of modern legal phenomena. Under such conditions the traditional equilibrium between the technical and human elements is lost. In affirming that there is no law without efficiency, we in fact announce the implicit sacrifice of justice and the human being to efficiency. With this lack of equilibrium, the door is wide open to further technical invasion. We are witnessing the result — the takeover of law by technique…

Google, 2010, Comments before the US Federal Communications Commission:

“To be clear, Google submits that network practices such as paid prioritization or other acts that degrade, impair or throttle Internet content and applications are unlawful and discriminatory, regardless of whether the FCC uses a standard of general nondiscrimination or a standard of “unjust,” “unreasonable,” or “undue” preference or discrimination. Adopting an “unjust and unreasonable discrimination” standard and reasonable network management exception would establish a more murky, complex, and likely ineffectual legal standard”. (…) Google urges the FCC to establish a clear but narrow set of reasonable network management practices, limited solely to engineering practices legitimately related to network congestion”.

More on Google’s comments here.