The central overriding question in the USTelecom v. FCC case challenging the FCC’s Open Internet Order may be: did the FCC read Judge Tatel right in that he de facto guided the FCC to pursue Title II to create the most solid legal foundation for net neutrality? That has been the public legal mantra of the FCC and the net neutrality movement for well over a year.

In the oral arguments last Friday before the D.C Circuit Court of Appeals, what did Judge David Tatel potentially signal about the Title II over 706 legal premise of the FCC’s case?

How the FTC handles the EFF petition charging that Google has violated its enforceable pledge to protect K-12 students’ privacy will speak volumes to the world about two big things.

First, whether FTC Commissioners believe Google is subject to U.S. privacy law, or not.

Please don’t miss my latest Daily Caller op-ed, “America’s Bipartisan Spectrum Opportunity.”

• It spotlights the huge opportunity for Congress and the Administration to work together on a bipartisan basis to get much needed radio spectrum reallocated for licensed and un-licensed use soonest.

Do not let the FCC’s likely unlawful means of broadband Internet regulation, i.e. Title II, distract you from the additional likelihood that two primary ends of supposed net neutrality “policy canon” i.e. bans against “paid prioritization” and “two-sided markets” (only users should pay), are also likely unlawful, even under Title II, sans new legislation.

A preview of oral arguments December 4 before the D.C. Circuit Court of Appeals in the legal challenge to the FCC’s 2015 Open Internet Order warrants more than the already well-covered standard comparison of both sides legal arguments over the legality of Title II.

In the 2014 Verizon v. FCC decision, that overturned much of the FCC’s net neutrality “effort to compel broadband providers to treat all Internet traffic the same regardless of source,” Judge David Tatel’s starting point was what does the FCC want to compel from others and does it have the legal authority and latitude to do so – sans new legislation.

(This analysis assumes the near obvious that Judge Tatel will lead and write this decision.)   

Google is unique in its leadership, plans, and global marketpower to accelerate the majority of all global Web traffic “going dark,” i.e. encrypted by default. Google’s “going dark” leadership seriously threatens  to neuter sovereign nations’ law-enforcement and intelligence capabilities to investigate and prevent terrorism and crime going forward.

Google is not the only U.S. Internet company endangering the national security of many countries by “going dark” via end-to-end corporate encryption in an environment of exceptional terrorist risk -- Apple has been self-servingly irresponsible as well.

Nevertheless, Google warrants the spotlight and primary focus here on “going dark” for three big reasons.

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.

Google’s ongoing mass indiscriminate surveillance of Europeans’ private activities could threaten quick resolution of the European Court of Justice’s ruling that the US-EU Data Safe Harbor was invalid given the NSA’s “mass indiscriminate surveillance” exposed by Edward Snowden.

Google’s unique, systematic defiance of European sovereignty on these matters could warrant specifically excluding Google from what could be a timely reconstitution of the US-EU Data Safe Harbor, so that one bad actor does not spoil the whole process for the thousands of companies that have respected their Data Safe Harbor responsibilities.

Please don't miss my latest Daily Caller Op-ed, “Net Neutrality Trumping Privacy Undercut the US-EU Data Safe Harbor.”

• It is proof positive of the law of unintended consequences coming home to roost for the U.S. Government.

No surprise that political activist Larry Lessig, the intellectual leader of the net neutrality and anti-copyright movements, ran one of the most cynical, undemocratic, and stunt-driven Presidential candidacies ever, because that’s exactly the kind of cynical, undemocratic, stunt-driven campaigns his political followers have run to un-democratically dictate net neutrality and to undermine copyright protection online. 

The “common” thread of Mr. Lessig’s political grand strategies is his core elitist political assumption that people are stupid and that he can manipulate the masses into believing whatever he wants them to believe.  

It is supremely rich and ironic that Mr. Lessig would run a Presidential campaign with the stated singular purpose of ending “corruption” by passing his version of campaign finance reform legislation, with such an apparent corrupt political Presidential campaign strategy. 

Let’s review Mr. Lessig’s stated Presidential campaign strategy to see if it appears corrupt.   

Google is cleverly and stealthily leveraging a Google-friendly-FCC and lax U.S.-Google antitrust enforcement to extend its global Android mobile operating system dominance to increasingly disintermediate and dominate the spectrum administration function embedded in the firmware of smartphones, connected cars, and Internet of Things devices.