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U.S. Government's Obsolete & Dysfunctional Spectrum Management -- My Daily Caller Op-ed

Please see my new Daily Caller Op-ed: "The U.S. Government's Obsolete and Dysfunctional Spectrum Management" -- here.

  • This is part 13 of my Obsolete Communications Law research series.

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Obsolete Communications Law Op-ed Series:

Top False Claims of the New Internet Association -- Part 2 of Internet as Oz Series

Unfortunately, the new Internet Association launched yesterday making several false claims.

Claim: "The Internet Association, the nation's first trade association representing the interests of the Internet economy, America's leading Internet companies and their vast community of users…"

Truth: This "first" claim is unsupportable; several different Internet groups have had similar purposes long before this Internet Association: The Internet Society; The Internet Engineering Task Force; Net Coalition; SaveTheInternet.com; The Open Internet Coalition; The Internet Defense League; The Internet Freedom Coalition; The Internet Alliance; The Internet Marketing Association; The Internet Commerce Association and The Internet Infrastructure Coalition.

Twitter’s Realpolitik & The Sovereign-ization of the Internet

Reports that “Twitter Can Censor by Country” is a perfect example of how the world is changing the Internet. Change is a two-way street. Conventional wisdom that only assumes the Internet is changing the world risks being blind-sided by the Internet’s underappreciated exa-trend: how the world is changing the Internet.

See my Forbes Tech Capitalist post: "Twitter Realpolitik & the Sovereignization of the Internet" to learn about Twitter's new realpolitik and how sovereign powers will increasingly be asserting themselves vis a vis the Internet.

New America MacKinnon's Ridiculous Net Neutrality Revisionism -- Radical Fringe Series Part II

The latest strategic demonization of private enterprise by the radical information commons movement to promote net neutrality comes from Ms. Rebecca Mackinnon of the New America Foundation, who recently charged that private corporations have too much power over the Internet and effectively should be regulated as common carriers, when she previewed her upcoming book "The Consent of the Governed" at the TEDGlobal conference in Edinburgh, which was covered by the New York Times.

Ms. MacKinnon in her talk, employed a ridiculously bad and outrageous analogy that Internet users should fight against Internet companies' Internet tyranny like the barons in England fought King John's tyranny in 1215 by writing the Magna Carta.

  • Ms. MacKinnon charged: "The sovereigns [corporations]of the Internet are acting like they have a divine right to govern."
  • Obviously desperate to associate with, and legitimize her radical cause with the historical spark and bedrock event of today's freedom and democracy, the Magna Carta, Ms. MacKinnon trivializes the grand importance and relevance of the Magna Carta by misleading her audience that today's situation is somehow analogous -- when her analogy could not be further than the truth.

Consider how the 1215 Magna Carta baseline could not be less analogous with today's Internet baseline.

New Evidence Administration Support of Net Neutrality Fading

Media reports apparently missed the subtle, but important and telling political weakening since April of the Administration's official position in defense of the FCC's beleaguered Open Internet Order.

  • This relative official softening of the Administration's opposition to efforts to overturn the FCC's controversial net neutrality regulations means that it is more likely on the margin that:
    • This fall the Senate will pass a Resolution of Disapproval of the unpopular, and small-constituency-supported, FCC Open Internet Order, and
    • The President in the end, will not veto a bipartisan, bicameral rejection of unnecessary regulation of the Internet, which threatens the economic growth and job creation, and which has miniscule voter support.

Bottom-line the Administration officially signaled, albeit cryptically, that it would not veto the House appropriation bill that funds the FCC, among other agencies, specifically over the Congressional prohibition of the FCC spending money on implementing the FCC Open Internet Order.

My Forbes Op-ed: "Google's Deceptive Practices Harm Consumers"

To see the first free-market legal argument explaining how Google's market behavior systematically harms consumers under antitrust law, read my Forbes op-ed: "Google's Deceptive Practices Harm Consumers."

  • This is important because Google and its defenders believe the benefits Google provides consumers are the bedrock of a winning antitrust defense.

Few have grasped the huge significance that it is the FTC (with its unique supplemental Section 5 authority) and not the DOJ, that is investigating Google for antitrust.

Most also have missed how vulnerable Google is to the charge that many of its marketing practices are illegal deceptive misrepresentations of its business.

My Forbes op-ed link is here.

Pro-regulation FreePress' Fact-Challenged Opposition to AT&T/T-Mobile

FreePress' radical anti-business, anti-capitalism politics lead it to make up or contort facts and analogies in order to promote its world view of a publicly-owned and regulated Internet commons.

In FreePress' latest opposition to the AT&T-T-Mobile merger, FreePress continues to nonsensically analogize this merger with the Ma Bell monopoly.

 

Announcing My New Book: Search & Destroy Why You Can't Trust Google Inc.

I've long thought there was a big untold story about Google, essentially a book all about Google, but told from a user's perspective, rather than the well-worn path of Google books told largely from Google's own paternal perspective.

 

 

 

Given that Google is the most ubiquitous, powerful and disruptive company in the world, it seemed logical to me that users, and people affected by Google, had a lot of important and fundamental questions about Google that no book had ever tried to answer in a straightforward and well-defended manner.

The Net Neutrality Accountability Gauntlet

The House's rejection of the FCC's December Open Internet order 240-179 is just the latest in an ongoing high-profile accountability gauntlet for the FCC's unauthorized, unwarranted and unjustified net neutrality rules.

 

  • While the wheels of democracy, public accountability, and the rule of law can turn slowly, they do turn steadily.
  • And from what we have seen so far, the FCC's out-of-the-mainstream, over-reach effort to regulate the Internet for the first time, has been pummeled in our Government's accountability process gauntlet to date, and it can be expected to continue to be pummeled going forward.

 

The Net Neutrality Accountability Gauntlet:

     

     

    First, the President's January Executive Order, "Improving Regulation and Regulatory Review" to seek the "least burdensome" regulations, was a big post-mid-term election political pivot by the Administration to be more sensitive to business, economic growth and job creation concerns.

     

    • Through the new lens of the President's Executive Order, the FCC's pre-mid-term-election-mindset net neutrality rule making has been viewed as badly out-of-focus with the renewed bipartisan interest in economic growth and job creation.

     

    FCC's Net Regs in Conflict with President's Pledges

    The FCC's Open Internet order should be ripe for review and "fixing" given President Obama's pledge in his SOTU speech last night:

    • "To reduce barriers to growth and investment, I've ordered a review of government regulations. When we find rules that put an unnecessary burden on business, we will fix them."

    Clearly the FCC's preemptive bans, restrictions and economic/price regulation of competitive broadband providers based on scant and weak evidence of any real problem to solve, obviously place "an unnecessary burden on business" and the Administration should "fix them."

    As I explained in my previous detailed post: "Why FCC's Net Regs Need Administration/Congressional Regulatory Review," the FCC's Open Internet order violates the President's pledge for regulations to:

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    Q&A One Pager Debunking Net Neutrality Myths