Please see my latest Daily Caller op-ed: "FCC/DOJ’s One Gigahertz Spectrum Charade" -- here.
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Government Spectrum Waste Fraud and Abuse Research Series
Bubbles happen because people ignore economics and assume away reality in their excitement over a new idea. “Virtual currencies” could be the latest tech “economics of abundance” bubble in the making. Fans of abundance economics imagine that the free and open Internet’s near zero marginal cost of borderless transactions will ultimately slay traditional economics of scarcity.
Cyber-utopians imagine that currency, or money, is a simple function, like any other product or service that they have made openly available to everyone in the world at virtually no cost on the Internet. They imagine the only thing that matters with the business of money is how money is transmitted.
They assume creating money is just a coding and crowd-sourcing task. How hard could that be? What possibly could go wrong? It’s only money.
The D.C. Circuit Court of Appeals 3-0 decision to overturn the FCC in Comcast v. FCC/Tennis Channel spells more trouble for the ultimate legality of the FCC’s Open Internet Order. That decision spotlights that three additional D.C. Circuit Appeals Court’s judges do not agree with the FCC’s reading of the law and the facts concerning lawful network discrimination.
On the margin, this new decision should make Verizon more confident and the FCC less confident in the outcome of Verizon v. FCC.
Overall, I believe Verizon remains more likely than not to prevail in its challenge of the FCC net neutrality regulations in the FCC’s Open Internet Order, because Verizon only needs to prevail with one of its many strong arguments while the FCC must win on all of them.
How is this latest D.C. Circuit decision relevant to the FCC Open Internet order case?
Every system has a most vulnerable point, an Achilles heel. The overwhelming evidence below indicates that Google is America’s cybersecurity Achilles heel.
While America faces a plethora of serious cybersecurity vulnerabilities, Google’s unique scale, scope, tracking, and centralization puts Google alone at the pinnacle of America’s cybersecurity vulnerabilities, in a class all by itself.
Simply, hackers understand Google is by far the world’s single most-comprehensive source of intimate surveillance information on people and their behaviors, while also being the major entity that is least-committed culturally to protecting people’s security, privacy, and property.
Three new Google antitrust developments in just the last few weeks warrant an update to Google’s ominously-growing Antitrust Rap Sheet; see it here.
What’s the impact on the Verizon appeal of the Open Internet Order of the Supreme Court’s strong reaffirmation of its Chevron deference standard, in Arlington v. FCC?
I believe Verizon is still more likely than not to prevail on the merits of its appeal, because the FCC’s Open Internet Order is so unambiguously far outside the bounds of the FCC’s statutory authority, that Chevron deference is unlikely to apply.
If the SCOTUS had not strongly reaffirmed Chevron deference, the FCC would have faced an even steeper fight in the Open Internet Order. Despite the SCOTUS decision not being particularly helpful in the specific FCC Open Internet case, it undeniably was very FCC-friendly overall. That’s because it affords the FCC more latitude to exploit the many legally-ambiguous seams of communications law to advance its various regulatory agendas in highly-targeted ways.
Sometimes something is so off-base that a straight analysis is wholly insufficient and warrants satire.
Google's 60-page proposed remedy document -- or "Commitments to address the EU's antitrust concerns of search bias -- warrants satire and ridicule.
Google’s proposed search bias remedy is no remedy. It would be worse than the status quo.
If accepted by the EU, it would legitimize and entrench Google’s 90+% dominance of search and search advertising in Europe, and make it much harder for any semblance of competition to ever take root.
Google’s proposed search bias remedies are so preposterous one has to use metaphors, imagery and analogies to understand what is really going on and what Google is really proposing.
Please see my latest Daily Caller op-ed: "America's private video market success" here.
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Broadband Internet Pricing Freedom Research Series
Part 1: Netflix' Glass House Temper Tantrum Over Broadband Usage Fees
Please see my latest Daily Caller Op-ed "Wireless Plan Innovation Benefits Consumers & Competition -- here.
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Broadband Internet Pricing Freedom Research Series
Part 1: Netflix' Glass House Temper Tantrum Over Broadband Usage Fees
For anyone interested in intellectual property rights, there is a new must read post by the Free State Foundation entitled: "The Constitutional Foundations of Intellectual Property," by Randy May and Seth Cooper.
It is simply outstanding. It has great clarity of thought, scholarship and wisdom.
It should become a succinct go-to piece that explains the philosophical and Constitutional underpinnings of property rights generally and intellectual property rights specifically.
Don't miss it, and please let others know about it.
