The distribution of programming in the United States in the 20<SUP>th</SUP> century was primarily a one-way path from programmers to capacity-constrained packagers to consumers. Various parties would collect fees, royalties, and other charges during the distribution, and these costs would be paid by advertisers or by consumers through subscriptions. Programming access was organized by contract or by regulation in a manner that reflected the technology and markets of the time. Disputes and governmental concerns in the 20<SUP>th</SUP> century with respect to programming access often addressed competitive and antitrust concerns that anticompetitive behavior might lead to too little programming being distributed. The federal government, based on the 20<SUP>th</SUP> century market, used various laws, rules, and consent decrees to limit the possibility of the anticompetitive exercise of market power in the distribution of programming. The 21<SUP>st</SUP> century technology and market for the distribution of programming are dramatically different. With the internet, programming is no longer distributed with capacity constraints, and consumers have alternative means to bypass traditional programming packagers to obtain programming. In addition, many not-as-legitimate means of obtaining programming are widely available and widely used. The federal government’s instruments of laws, rules, and consent decrees for the distribution of programming are awkward to apply in the 21<SUP>st</SUP> century as illustrated by Section 628 of the Communications Act of 1934. Today, both the technology and the market for the distribution of programming are far more complex primarily because of the internet. While some antitrust concerns persist about programming access, many new disputes pertain to too much, rather than too little, information dissemination. The internet has changed substantially not only the way programming is accessed and distributed in the United States, but the framing of disputes surrounding programming access and distribution and the governmental views of that access and distribution. Most of the laws and rules that our federal government uses to regulate behavior on the internet were written in 20<SUP>th</SUP> century, before the development of the internet as we know it today. The federal government’s 20<SUP>th</SUP> century instruments of laws, rules, and consent decrees for the distribution of programming are awkward to apply in the 21<SUP>st</SUP> century.