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Submitted by Scott Cleland on Mon, 2015-11-16 22:40
You know there are big problems with the so called “principle” of net neutrality when the New York Times writes an editorial headlined “Why Free Can Be a Problem on the Internet” and their editorial has nothing to do with protecting consumers’ privacy/safety or protecting content from piracy, but it is only about the potential problem of consumers enjoying free Internet content for marketing purposes!
What a scandal! Someone call the FCC! Innovative commerce is happening on the Internet!
Few things make net neutrality activists look sillier, more nonsensical and hypocritical than their knee-jerk somber opposition to innovation in broadband pricing and marketing via differential pricing, sponsored data, zero-rating plans or other creative and experimental pricing or marketing plans – that all naturally result from a highly competitive wireless market.
Submitted by Scott Cleland on Tue, 2015-11-10 14:47
Please don't miss my latest Daily Caller Op-ed, “Net Neutrality Trumping Privacy Undercut the US-EU Data Safe Harbor.”
Submitted by Scott Cleland on Tue, 2015-10-27 10:32
How the DOJ and FTC handle two high-profile Google market behaviors that appear on their face to violate two different U.S. antitrust precedents, will speak volumes to the world about whether U.S. antitrust law still applies to Google, or not.
First, does the DOJ believe that the new search partnership between #3 Yahoo and #1 Google -- in the highly-concentrated U.S. search market -- is anti-competitive like the DOJ concluded previously in opposing the 2008 proposed Google-Yahoo search partnership?
Submitted by Scott Cleland on Wed, 2015-09-23 11:28
The juxtaposition of Google tacitly accusing the EU with “digital protectionism” and “discrimination” as the EU’s Digital Chief, Günther Oettinger, visits D.C. and Silicon Valley, while the Google-created Internet Association this week asks for U.S. protection from ISP “discrimination” in an appeals court brief in support of the FCC’s Open Internet order – exposes exceptional hypocrisy.
Antitrust and privacy regulators around the world weren’t born yesterday. They know Google and its online platform allies want it both ways – manipulating policy to advantage them and disadvantage their potential competitors.
Submitted by Scott Cleland on Fri, 2015-09-18 11:08
How many times is it “reasonable” for any agency to assert that their core legal arguments are “reasonable” before they sound unreasonable? A few? Several? A dozen?
Of the 19 core statutory arguments in the summary defense of the FCC’s Open Internet order, TWELVE defend the order by declaring the FCC’s legal judgment was “reasonable.”
When arguing in court that the FCC has the statutory authority to common-carrier-regulate the Internet for the first time, shouldn’t the FCC be able to declare at least once in their summary defense: “the law says,” “precedent supports,” or at least “Congress intended?”
Submitted by Scott Cleland on Mon, 2015-09-14 18:15
The FCC’s latest legal brief defending its Open Internet Order, will represent the FCC’s “strongest possible” legal arguments for its Title II net neutrality case – a vainglorious legal fortress.
In reality, the FCC’s legal case is closer to a magnificent beach sandcastle.
Its downfall will be that its case is sand, on top of a sand foundation -- that won’t be able to weather the elements intact.
Consider some of the elements the FCC’s sandcastle legal case must withstand.
The term “net neutrality,” or direct Congressional authority to mandate the FCC’s concept of “net neutrality,” is not found in law.
Submitted by Scott Cleland on Mon, 2015-09-07 18:11
Please don’t miss my latest Daily Caller op-ed:” Presidential Candidate Lawrence Lessig’s Far Left Net Neutrality Agenda.”
Submitted by Scott Cleland on Mon, 2015-08-17 10:46
Submitted by Scott Cleland on Mon, 2015-07-13 16:52
Submitted by Scott Cleland on Mon, 2015-07-06 10:54
What is the Internet?
Simple question, one would think the FCC could give a simple, straight and accurate answer when talking to their international regulatory counterparts, but they won’t.
That’s because they don’t want them to regulate the Internet like the FCC just has regulated the Internet in its Open Internet Order.
To try and justify regulating just the ISP-telecommunications-side of the Internet, but not regulating the Silicon-Valley-telecommunications-side of the Internet, the FCC’s, diplomatic message is as hypocritical as it is embarrassing: ‘do as we say, not as we do.’ (Translation: Adopt America’s Silicon-Valley-industrial-policy as your country’s policy.)
The FCC has lost its credibility internationally because to claim that they are not regulating the Internet, the FCC must torture the definition of “the Internet” beyond recognition.
America’s international counterparts get the joke, they weren’t born yesterday.
And the joke is the FCC’s spin.