Net neutrality absolutists are overreaching yet again in their push for a practical FCC ban of ISP zero rating offers under the FCC’s case-by-case “General Conduct Standard” review, by claiming violations of the “bright-line rules” in the FCC’s 2015 Open Internet Order against blocking, throttling and paid prioritization.
Any and every tax, law and regulation – is government placing itself between you and the free market. And, conversely, between the free market and you. And, of course, it makes the market less free. It’s inherent. The bigger the tax – the less money you have for the market, and the less money marketeers have to operate. The bigger the laws and regulations – the less freedom we and the marketeers have to maneuver.
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 the next several weeks, expect the EC’s Competition Directorate to decide that Google is in fact dominant with >90% share of Internet search in Europe and that Google has abused its search dominance by biasing its own Shopping service over competitors. It also could formally charge Google for abuse of its search dominance in contractually tying Google Search and other search-driven apps like Maps, YouTube, etc. to Android to extend its search dominance to mobile search and to the operating system market where Android now owns >80% share.
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.
In today’s edition of The Heartland Daily Podcast, managing editor Jesse Hathaway talks with Berin Szoka, president of TechFreedom, a non-profit organization devoted to promoting the progress of technology that improves the human condition, about how regulators both at home and abroad are using the power of the state to combat zero-rating, a kind of sponsored-data plan where access to popular web applications like Facebook or streaming video services is made available to consumer at no cost.
The age-old analogy describing a good salesman is “He can sell ice to Eskimos.” Let us now contemplate the opposite. What if someone has repeatedly screwed up so terribly – they could damage the sale of the hottest of commodities to a full panoply of desperate buyers? How could anyone hamstring a water auction – in the desert?
Media bias is hydra-headed in its perniciousness. It operates on many levels – in many ways. One of its practitioners’ favorite moves is the terrible headline. In which they knowingly – or unknowingly – tip their hand on the story at hand. These heinous headlines can effectively work to sway casual, drive-by media consumers – who don’t go deep into multiple articles to get a more fully-formed idea.
Back when I was a musician – writing songs rather than things like this – I was just about the only one I knew who wasn’t stealing music via the heist website Napster. And I lived in Austin, Texas – the “Live Music Capital of the World.” I knew a LOT of musicians.
Raise your hand if you think government at any level – federal, state, local – is suffering from a dearth of our money. Or omni-directional ways to take it from us. I don’t see…any arms extended upward. Strange.
Given that the USTelecom v. FCC appellate challenge of the FCC’s Open Internet Order is so important to net neutrality, the FCC’s authority over the Internet, and broadband providers’ future, and given that Judge Tatel’s thinking is so important to the outcome of this case, wouldn’t it be important to better understand Judge Tatel’s personal reasoned public explanation of how courts adjudicate cases just like USTelecom v. FCC?
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.
Do not let the FCC’s likely unlawful means of broadband Internet regulation, i.e. Title II, distract you from the additional likelihood that two primary ends of supposed net neutrality “policy canon” i.e. bans against “paid prioritization” and “two-sided markets” (only users should pay), are also likely unlawful, even under Title II, sans new legislation.
It’s one of our most oft-cited quotes. George Santayana’s “Those who cannot remember the past are condemned to repeat it.” The reason it so regularly recirculates is because we far too often fail its tenet. Which is truly sad. Because if you pay attention to the past – you can make some reasonable, rudimentary predictions about the future. And avoid a whole lot of completely unnecessary errors.
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.
The seven years of the President Barack Obama Administration have provided us with two diametrically opposite things. The government time and again failing utterly in just about everything it tries to do – economic recovery, job creation, health care, defense of our borders and our nation, budget stewardship,…. Meanwhile, the Administration and its Democrat Party keep usurping and pushing to usurp as much of the private sector as possible – to add it all to the government’s (ir)responsibility portfolio.