Submitted by Scott Cleland on Mon, 2015-03-02 21:51
Link to full White Paper -- here.
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.
Submitted by Scott Cleland on Sun, 2015-03-01 14:41
I was asked to speak at CPAC 2015 on a February 28thpanel at National Harbor on Google entitled: “The United States of Google: Big Brother & Big Data” with Seton Motley of Less Government and Erik Telford of the Franklin Center for Government and Public Integrity.
My power point presentation, “Google’s Anti-Conservative Values,” for the first time contrasted the traditional conservative values of the American Conservative Union with Google’s values.
Below is an outline of my remarks:
Google Has Anti-Conservative Values
Submitted by Scott Cleland on Thu, 2015-02-26 13:44
FOR IMMEDIATE RELEASE
February 26, 2015
Contact: Scott Cleland 703-217-2407
Strike Three in Court? FCC’s Rube Goldberg Legal Theory is Contrived, Arbitrary & Unbounded
Submitted by Scott Cleland on Tue, 2015-02-24 08:49
Please don’t miss my latest Daily Caller op-ed – “The FCC’s Predictable Fiasco of Internet Utility Regulation.”
This Internet policy foundation U-turn predictably will set in motion a chaotic cascade of other supporting policy U-turns over time.
FCC Open Internet Order Series
Part 1: The Many Vulnerabilities of an Open Internet [9-24-09]
Submitted by Scott Cleland on Thu, 2015-02-19 11:05
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.
Flipping U.S. Internet policy from global digital free trade to maximal national Internet regulation could end up hurting Silicon Valley the most, because they most benefit from, and depend on, the current free flow of information globally on the Internet.
Ironically, America also is forfeiting the digital free trade policy high ground by leading the world toward a “Splinternet” vision of more nationalistic maximal utility regulation of the Internet and its content.
In particular, it will be much harder for the U.S. to credibly object that the EU’s: creation of a European Digital Single Market (DSM), tightening of the EU-U.S. Data Protection Safe Harbor, and its aggressive enforcement of EU antitrust, privacy, and tax laws against Google, Amazon, Facebook and Apple, is protectionist, when America’s new FCC utility regulation of the Internet is a transparently protectionist American industrial policy to advantage America’s national champions in Silicon Valley.
Submitted by Scott Cleland on Tue, 2015-02-17 19:29
Submitted by Scott Cleland on Thu, 2015-02-12 11:08
Google’s recent bullying and intimidating behavior in Mississippi looks terrible and smells bad.
Consider for yourself if Google’s corporate behavior in Mississippi is how innocent people or a responsible corporation act, if they have: a clear conscience, done nothing wrong, or nothing to hide?
What is going on in Mississippi that warrants close outside attention?
Google has filed an highly-unusual, and hyper-aggressive lawsuit in federal court to try and quash a Mississippi Attorney General’s subpoena investigating Google’s alleged willful, continued, aiding and abetting of many criminal activities via advertising, given that it has found initial evidence to indicate that the criminal behavior that Google admitted to in a 2011 $500m DOJ Non-Prosecution Agreement may be continuing to this day.
Submitted by Scott Cleland on Mon, 2015-02-09 20:07
Submitted by Scott Cleland on Fri, 2015-02-06 11:10
The FCC’s official confirmation that it will reclassify wireline and wireless broadband as Title II “telecommunications,” and that it also will apply Title II “Section 222: Privacy of Customer Information” has sweeping, under-appreciated, and negative implications for Google Inc.
Google will certainly be captured by the new privacy regulations. Given its core business model of monetizing users’ information without their meaningful permission, and given its industry-worst privacy record and rampant Android security problems protecting users’ private information, Google will own more serious Section 222 privacy liabilities than any FCC captured entity -- by far.
Submitted by Scott Cleland on Thu, 2015-02-05 18:03
To hear the ~hour KQED Forum Radio Show today on the FCC’s Title II plans, here is the NPR link. (Note the button to hear the show is under the date of the NPR article you will see.)
NPR’s digital culture correspondent Robin Sydell opened the show with an FCC-sympathetic overview and introduction of what the FCC is planning to do and praised the FCC’s process as “democracy in action.” I rebutted that notion by reminding listeners that the unelected FCC to date has totally rebuffed any help from America’s duly elected Congress to pass lasting FCC net neutrality authority, and that the FCC is trying a third time to impose rules where courts have twice overturned the FCC.
The pro-FCC voice was Corynne McSherry, intellectual property director for the Electronic Frontier Foundation.
We had a good discussion where I had the opportunity to make the case in detail why Title II was unnecessary, unwarranted, and highly-politicized, regulatory overkill.