more on labeling and NN

[David Farber <dave () farber net>]

Begin forwarded message:

From: "Faulhaber, Gerald" <faulhabe () wharton upenn edu>
Date: June 19, 2006 2:40:06 PM EDT
To: David Farber <dave () farber net>


I don't like the idea that someone or some body can now adopt the term
"internet" as their proprietary label, and refuse to let others use it.
Way too late for that, and I am certainly not in favor of a group of
"experts" deciding what is and is not the Internet.  Bad idea (but see
last para).

A somewhat better idea is that government agencies do in fact set
labelling standards where they have determined this is in the public
interest, and the standard for determining if mandated labeling is
required are rather high.  For example, the DoA sets standards for the
labeling of various food products, including meat: what is "steak"? what
is "chicken"? Etc.  These are often highly rancorous commercial debates.
I believe both the FDA and the FTC are also engaged in labeling stuff,
altho this is not an area with which I have much familiarity.  I know
these agencies often work with both consumer groups and industry groups
to develop the labeling schemes.

Maybe these guys should try to interest the FTC in engaging in this sort
of exercise.  But this needs to be much more thoroughly thought through.
While these guys think it is really, really important that what is the
Internet is only stuff that has been vetting through the IETF, etc.,
etc., my guess is that most consumers don't give a rat's ass about that:
they are much more concerned about features important to them that their
Internet may or may not have, and that this is perspective the FTC (or
any agency) is likely to take.

But in response to the question: interesting idea, needs lots of work to
frame it as other labeling schemes are, and the appropriate route is the
FTC, not Congress.

Another approach is that of Appellation Controllee in France, whereby
wines must be from a specific area in order to carry a name like
Champagne, Burgundy, etc.  In this case, a cartel (French wine growers)
established the protocol and convinced the French government to back it
up with the power of the law.


Professor Gerald Faulhaber
Business and Public Policy Dept.
Wharton School, University of Pennsylvania
Philadelphia, PA 19104
Professor of Law
University of Pennsylvania

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