[The Government that gave us multi-flush, easily stopped up toilets; dim, annoying, expensive compact fluorescent light bulbs; and that just last year pushed to ban inexpensive Christmas lights, preventing[…]
Expect the FCC’s new Open Internet Order’s assertion of Title II authority ultimately to be rejected in court (90%), because of its core illegal confiscatory purpose and its serial ends-justify-the-means trampling of due process.
The FCC’s Title II legal defense is a “modern” day version of “the Emperor has no clothes” fable, where the vain FCC confidently parades in public clothed in the legal fabric that utopian legal alchemists have convinced the FCC is invisible only to those who are “hopelessly stupid” or “unfit for their positions.” Sadly, this emperor (the FCC) has no clothes (sustainable legal case).
On February 26th, the FCC executed President Obama’s call to “implement the strongest possible rules” to regulate the Internet as a telephone utility under “Title II” of the Telecommunications Act.
Legally, the result of this “reclassification” was for President Obama and the FCC to assert regulatory jurisdiction over the Internet ecosystem, creating a de facto American “Digital [Internet] Single Market” industrial policy, like the European Commission is in the process of creating for the European Union.
We are (thank God) in the fourth quarter of the Barack Obama Administration. Our long national nightmare is more than three-quarters over.
That’s the good news. The bad news is – everyone in the Barack Obama Administration knows it too.
This waning Administration is in the pummel-the-private-sector business. And there is arguably no tentacle of the federal Leviathan better equipped to do it than the Environmental Protection Agency (EPA). After all – it’s the EPA’s sole reason for being.
President Obama recently criticized the European Union for pursuing an antitrust case against Google over plans to establish a European Digital Single Market, and for its trade positions in the US-EU Transatlantic Trade and Investment Partnership.
The FCC’s Open Internet Order, which reclassified the commercial Internet as a Title II utility, is very likely (80%) in the end, to be overturned in court – for a third time.
The FCC’s legal theory and many core assumptions are so aggressive, it’s clear that the FCC expects, and needs, continual and maximal deference from the court to prevail. The FCC also requires the courts to view the FCC’s most aggressive assertion of unbounded authority ever, as a mere administrative interpretation of ambiguous law, and not a political bypass of Congress and the 1996 Telecom Act.
Thursday is for freedom a very bad day. That is the day the free speech-free market Xanadu that is the Internet will be unilaterally seized by the Barack Obama Administration.
Per the President’s demand, the allegedly independent Federal Communications Commission (FCC) is pretending to be Congress – and writing new Web-regulating law for themselves. And on Thursday they will vote on it – and thereby grab expansive, broad and deep overlording powers.
Some 200 nations may sign a “modest” Kyoto II climate treaty, say December 2014 media reports from Lima, Peru. But will developing nations agree to stop using coal to generate electricity? No. Curtail economic growth? No. Cease emitting carbon dioxide? Maybe, but only a little, sometime in the future, when it is more convenient to do so, without binding commitments. Then why would they sign a treaty?
Last November, President Obama effectively abandoned America’s longstanding free trade Internet policy established by President Clinton, in favor of a protectionist Internet industrial policy to benefit America’s national champions, Silicon Valley, under the guise of “net neutrality” policy.
After six years of dithering, the Keystone pipeline project has finally cleared both the Senate and the House with strong bipartisan support—mere percentage points away from a veto-proof majority. Now it goes to the White House where President Obama has vowed to veto it.
“Fixing” what’s not broken. Radically changing what everyone likes. Abandoning what works exceptionally well for what’s failed miserably in the past, and forcing outdated regulations on what is the most modern part of the economy.
President Barack Obama has a repetitive tic when it comes to his myriad power grabs.
The President knows if he is straightforward about his plans to government-ize every sector of the economy – said plans will be even less popular than they already are. (Hello, November election.)
So he likes to cite successful private sector endeavors as alleged, though-actually-antithetical visual aides for his government takeover model. He heaps praise upon them – and then announces he is going to bury them with government.
A bird in the hand is still worth two in the bush.
This age old wisdom has survived to warn against human nature — to be overly confident of keeping what one has while risking everything when grasping for much more.
A Memo released as part of an ongoing Freedom of Information Act request examining the Environmental Protection Agency’s rule-making has revealed the EPA using misleading claims to stoke fears of global warming. Big Surprise, huh!
Once again the Permanent Internet Tax Freedom Act has been introduced in the House of Representatives, this time because the last temporary extension, passed in December, will expire on October 1. The bipartisan legislation bans taxes on Internet access permanently and disallows multiple or discriminatory taxes on Internet activities. If allowed to expire, states would begin to collect taxes on Internet access, or apply other discriminatory taxes that may already be in place in the state but which have been held at bay during the moratorium.
Climate Alarmists turn back the Clock
Three centuries ago, the world ran on green power. Wood was used for heating and cooking, charcoal for smelting and smithing, wind or water-power for pumps mills and ships, and whale oil or tallow for lamps. People and soldiers walked or rode horses, and millions of horses and oxen pulled ploughs, wagons, coaches and artillery.
November’s election was an overwhelming, historic rebuke of what President Barack Obama and his Democrats are doing – and how they’re doing it.
But if you think the newly-minted major Republican majorities should serve as a roadblock to the Democrat agenda – well, that’s yet another thing you don’t have in common with the Democrat Party.
In directing the Wireless bureau to make two substantial, Commission-level decisions today, without the full Commission vote that was requested by Commissioners Pai and O’Rielly, (concerning the release of the annual wireless competition report and regulating cellular data roaming rates), the FCC Chairman unnecessarily undermined the legitimacy of the FCC at a critical time the FCC needs all the actual and perceived legitimacy it can get.
The American people in November overwhelmingly, historically rebuked President Barack Obama, his policies and his unilateral practices.
The President his own self primed the pump for the election as a referendum – on him.
Isn’t Congress due the same deference from the FCC that the FCC expects from the courts?
Will the FCC defer to the new Congress for a reasonable period of time so it can pass consensus on net neutrality legislation?