Submitted by Scott Cleland on Thu, 2014-08-28 11:53
There are two core reasons the FCC should not try to preempt State muni-broadband laws.
I. Why FCC Preemption of States Rights would be Unconstitutional
First, the Supreme Court already has decided this issue effectively in favor of state rights. In Nixon v. Missouri Municipal League (2004) the Supreme Court rejected federal preemption of state prohibitions on telecom services. It specifically rejected the use of the FCC’s Title II section 253(a) authority to preempt state prohibitions of localities offering telecom services on constitutional federalism grounds.
Submitted by Scott Cleland on Wed, 2014-08-20 14:13
Pro-regulation interests often resort to highly misleading arguments to advance their cause. Fortunately that kind of deception ultimately exposes the weakness of their underlying argument and public policy position.
To promote Netflix’ “strong” version of net neutrality regulation and to oppose the Comcast-TWC acquisition, Consumerist just framed a very deceptive whopper competition argument: “Comcast says mobile data is competitive, but it costs $2k to stream Breaking Bad over LTE.”
Submitted by Scott Cleland on Mon, 2014-08-11 11:38
The old adage is true here; “if it ain’t broke don’t fix it.”
The Internet peering marketplace works exceptionally well and it has for its entire twenty year history. The unparalleled success, growth, and resiliency of the unregulated model for the Internet backbone peering marketplace has been nothing short of phenomenal in enabling and ensuring everyone reasonable access to the Internet.
Inter-networked computer networks are effectively the opposite of railroad, electricity, and telephone networks; trying to impose telephone interconnection rules on IP inter-networking is akin to forcing a square peg into a round hole. It predictably breaks both the peg and the hole.
Please see NetCompetition’s House CommActUpdate submission on interconnection -- here. (3 pages)
Submitted by Scott Cleland on Wed, 2014-08-06 17:24
The Daily Record reports that the Maryland Public Service Commission ruled that Uber is a common carrier subject to its regulatory jurisdiction.
The PSC stated: “[W]hen viewed in their totality, the undisputed facts and circumstances in this case make it clear that Uber is engaged in the public transportation of persons for hire. Thus, Uber is a common carrier and a public service company over whom the Commission has jurisdiction…”
In 60 days, PSC will draft “new regulations that protect the public interest,but also reflect the evolving nature of transportation services like Uber.”
Uber has threatened to leave the state if Uber is treated the same as their regulated taxi and transportation-for-hire competitors are under Maryland law.
Relevance to FCC Open Internet Order
Submitted by Scott Cleland on Mon, 2014-08-04 11:18
Google-Android sacrifices users’ security, privacy and data protection to scale Android fastest so that Google can dominate mobile software and advertising.
This charge and analysis is timely and relevant because Reuters is reporting that European Commission competition authorities are “laying the groundwork for a case centered on whether Google abuses the 80 percent market share of its Android mobile operating system to promote services from maps to search.”
The purpose of this particular analysis is to help a user better understand how they are harmed by Google-Android’s disregard for data protection.
Submitted by Scott Cleland on Thu, 2014-07-31 21:55
It connects the dots of what two recent Supreme Court and three recent EU privacy decisions mean for individuals’ privacy in general and Google’s privacy liabilities in particular.
Submitted by Scott Cleland on Thu, 2014-07-24 16:12
If Silicon Valley folks are indeed the smartest of the smart, how could they be so easily fooled on net neutrality?
Normally smarts distinguish between what’s testable and real versus what is the pixie-dust of dreams.
So where’s the real data and sound scientific thinking behind Silicon Valley’s grandiose net neutrality presumptions?
Why isn’t Silicon Valley adhering to its own data-driven, scientific decision-making principles?
Summary of Silicon Valley’s 6 Biggest Net Neutrality Fantasies:
Submitted by Scott Cleland on Wed, 2014-07-16 19:01
The mounting evidence indicates the FTC is AWOL on Google.
Currently there are no less than six important Google enforcement issues that that the FTC should be investigating, but apparently is not.
In stark contrast, the EU has many serious problems with Google’s >90% dominance and its persistent disregard for Europe’s privacy, data protection and the right to be forgotten requirements.
An American Google enforcement vacuum stiffens the EU’s resolve and adds to the need and urgency for the EC to step in to preserve the rule of law in Europe.
An absentee FTC, which is largely ignoring consumer choice, also makes it harder for the U.S. to preserve the US-EU safe harbor for the handling of personal information in the pending Transatlantic Trade and Investment Partnership (TTIP). Post-Snowden, the US and EU are far apart on data protection, and a glaringly absentee FTC only exacerbates that divide.
Submitted by Scott Cleland on Mon, 2014-07-14 22:25
Please read my latest Daily Caller op-ed: “Google’s Right to Be Forgotten Hypocrisy.”
Whenever Google plays the victim you can bet they are hiding something. Don’t miss learning what it is.
It is Part 42 of my Google Disrespect for Privacy series.
Google's Disrespect for Privacy Series
Part 1: Why Google is the Biggest Threat to Americans' Privacy; House Testimony [7-18-08]
Submitted by Scott Cleland on Fri, 2014-07-11 12:29
FOR IMMEDIATE RELEASE
July 11, 2014
Contact: Scott Cleland 703-217-2407
Broadband Reclassification is a Problem Pretending to be a Solution; & Un-supported by the Facts, Unjustified on the Merits, & Unwise Given FCC’s Record of Title II Failures
Networks Aren’t Free; Businesses Pay for Electricity, Water, Gas, Transport & Delivery