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October 2009

DOJ's Interest in Reviewing the Google-Twitter Agreement

What would be the DOJ's interest in having a formal investigation/review of the Google-Twitter agreement?

Read Richard Epstein's Great Op-ed on Net Neutrality

I admire clarity of thought, and Richard Epstein's Op-ed in the Financial Times, "Net Neutrality at the Crossroads," represents some of the clearest thinking I have found on net neutrality. Please read it.

Mr. Epstein does a great job of exposing the folly beneath the vacuous sloganeering of net neutrality proponents.

"How did the commission come to acquire this power?"

"How did the commission come to acquire this power?" was the core question that Ronald H. Coase asked in a seminal paper he wrote about the FCC in 1959.

  • Kudos to Jeff Eisenach and Adam Theirer for an outstanding must-read article in The American, "Coase vs. the Neo-Progressives" that celebrates Mr. Coase's brilliant, ahead-of-his-time insights, and his exceptional clarity-of-thought in asking that profound question fifty years ago -- that couldn't be more appropriate to ask the FCC today.

How did the FCC acquire the power to regulate the "open Internet?

The FCC did not "acquire this power," the FCC is proposing to simply assume and assert this power by tech elite  acclamation.

The term "net neutrality" slogan was first coined by Columbia Professor Tim Wu in 2002, and Google rebranded it as the "open Internet" in 2007 when Google bankrolled the creation of the Open Internet Coalition. Net neutrality was further sloganized as "the First Amendment of the Internet," as tech elites have self-deemed that an "open Internet" is an American's "right."

Obviously the FCC has not acquired "the  power" to mandate net neutrality and an Open Internet.

Google Voice's Plea for Special FCC Treatment

Google responded to the FCC's questions that effectively address whether or not Google Voice should be subject to the FCC's proposed net neutrality regulations.

In a nutshell, Google basically asserted that it is acceptable for a benevolent provider of free services like Google Claus to discriminate and block calls as an information service voice provider, but it is unaccceptable for profit-seeking broadband voice and information service providers to discriminate or block calls.

Wireless investment already is "unleashed!"-- FCC net neutrality regs would only leash it

The WSJ op-ed, "Net Neutrality: Spur to Entrepreneurship, an open network will unleash investment" is a dystopian and nonsensical assertion that it is Government that "unleashes" investment, when everyone's common sense knows that Government regulation is all about putting leashes on businesses and investment!

Competition and market forces have already unleashed $300 billion in cumulative U.S. wireless investment per CTIA!

How FCC Regulation Would Change the Internet

The FCC's claims that their proposed net neutrality regulations would just "preserve" the open Internet are simply not true. The facts are clear that the FCC's  proposed regulations would:

  • Be a big change in FCC Internet policy; 
  • Implement big Internet policy changes without Congressional authorization; and
  • Change the Internet in big ways.
    • (The one-page PDF version of this post is here.)

The FCC’s proposed net neutrality regs are a big change in FCC Internet policy; they would: