Saturday, August 1, 2015

eCommerce Law - Medicine and the Rise of “Telemedicine”

eCommerce Law
Imagine receiving medical diagnosis via web.  Would the FCC approve it?  Not so fast.   FCC is concerned that these services would require prioritization for data and real time performance, i.e., reliability of service.  The FCC is concerned with equality and at the same time, it is concerned over the critical patient and doctor exchange that requires immediate attention without the possibility of an unexpected emergency situation.  The FCC is concerned that during the patient and doctor web-exchange a medical emergency occurs involving the patient when local medical attention is needed.  The FCC is focused on equal treatment of data.  Consideration for reserving network capacity may not be a solution as it could limit ecommerce.  Ideas of data equal treatment and prohibiting prioritization will not allow telemedicine to thrive.

Yet not all services exact the same level of demand on the network.      FCC’s Open Internet rules focus on the following: banning prioritization, equal data treatment, and simplifying service requirements. It ignores emerging services, possible capacity of the internet, and the ill effects of blocking bans. 

FCC’s Title II regime, Customer Proprietary Network Information (CPNI) oppose critical aspects likely to benefit telemedicine and similar services, such as cloud routing, disclosure of CPNI information, and the possibility of diagnostics.  

The benefits of telemedicine could be without boundaries if the Open Internet Rules embraced the inherent diversity of services that the internet allows us to receive and deliver.   Ecommerce could be fostered.

Lorenzo Law Firm, P.A. copyright 2015

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