broadband

With all the attending awfulness you expect. The laxness, the arrogance – the terrible performance. (See: ObamaCare, the Post Office, “green energy,” your Department of Motor Vehicles,….) And the willful denial of the fact that innumerable past failures – portend more of the exact same, should we be foolish enough to yet again try the exact same.

Despite claims of helping low-income earners access the Internet, and thereby joining the digital economic revolution, taxpayer-funded Internet infrastructure projects have a long and expensive history of failing to achieve their stated goals, even though government Internet services enjoy advantages over private businesses.

The Federal Communications Commission (FCC) describes itself thus: “An independent U.S. government agency overseen by Congress.” Under the Barack Obama Administration, it has been none of these things.

I’ve heard the following quote ascribed to National Basketball Association (NBA) player, coach and executive Pat Riley – but the Internet is not giving up the ghost on provenance to him or anyone else. As I recall, the recitation is: “That player is drowning in Lake Me.” Meaning a person who is totally self-absorbed. Transfixed by their own navel (which actually has a name – Omphaloskepsis). A person who finds himself endlessly fascinating – and utterly invaluable.

Looking backwards at 1934-era Title II telephone utility law, the FCC concluded in its 2015 Open Internet Order that only broadband providers could be “gatekeepers” warranting net neutrality regulation to “protect and promote the “virtuous cycle” that drives innovation and investment on the Internet.”

Let me try to explain to a consumer what the Federal Communications Commission (FCC) arbitrarily has done, and apparently intends to do, for consumer internet privacy protection going forward.

The Permanent Internet Tax Freedom Act (PITFA), receiving a large bi-partisan approval in the House of Representatives earlier this year, is supposedly going to be taken up in the Senate this week. The provision has been added into the conference report (the final version of a bill to be considered by both chambers of congress) of the Trade Facilitation and Trade Enforcement Act of 2015.

In arbitrarily applying Title II telecommunications rules to only the ISP half of Internet communications, while politically exempting the entire edge half of Internet communications in its Open Internet order, the FCC has ensured that information that was proprietary and controllable in the closed telephone world becomes public and uncontrollable in the open Internet world.

Does the FCC’s concept of a “virtuous circle of innovation” mean fostering a full and true “circle of innovation,” of not only edge provider innovation, but also ISP innovations of zero-rating pricing plans that lower users’ bandwidth costs and better fund more broadband deployment?

The central overriding question in the USTelecom v. FCC case challenging the FCC’s Open Internet Order may be: did the FCC read Judge Tatel right in that he de facto guided the FCC to pursue Title II to create the most solid legal foundation for net neutrality? That has been the public legal mantra of the FCC and the net neutrality movement for well over a year.

Instead of kicking the can down the road once again and causing uncertainty in the one economic sector experiencing economic growth in good times or bad, lawmakers in Washington, D.C., should take the issue off the table and pass a permanent version of the Internet Tax Freedom Act.

No surprise that political activist Larry Lessig, the intellectual leader of the net neutrality and anti-copyright movements, ran one of the most cynical, undemocratic, and stunt-driven Presidential candidacies ever, because that’s exactly the kind of cynical, undemocratic, stunt-driven campaigns his political followers have run to un-democratically dictate net neutrality and to undermine copyright protection online.

Tim Wu, the self-described “policy advocate,” who coined the term “net neutrality;” who has been a leading activist for preemptively regulating broadband service like a utility despite scant evidence of any problem; who from 2008-2011 was Chair of the pressure group FreePress that ran the notoriously-deceptive “Save The Internet” campaign to force FCC net neutrality regulation that was overturned in court