The term Network neutrality is a term coined by Columbia University Law School professor Tim Wu to support a theory of network regulation rejecting the traditional open-access theory. According to Wu's view, the Internet is not a neutral network, having evolved to give data applications preference over those that require low latency and low jitter, such as voice and video: In a universe of applications, that includes both latency-sensitive and insensitive applications, it is difficult to regard the IP suite as truly neutral as among all applications.
Wu states that regulations on Internet access networks must allow broadband operators to make reasonable tradeoffs between the requirements of different applications, but regulators should carefully scrutinize network operator behavior where local networks interconnect. See Network Neutrality, Broadband Discrimination in the Journal of Telecommunications and High Technology Law, Vol. 2, p. 141, 2005, for more information on Wu's theory.
Law professor Susan Crawford, on the other hand, proposes open access (or unbundling) as a means of promoting network neutrality. Crawford defines net neutrality differently from Wu, insisting that networks should not recognize diverse application needs but rather provide only the transport service appropriate to the careful file transfer that was defined in the early 1970's as the Internet's canonical application. According to Crawford's view, bits are bits and accurate timing of packet delivery is a form of anti-competitive discrimination that ultimately leads to corporate control of the public commons. Crawford argues that networking is a commodity, like electricity, best provided by the government.
