JeffersonNet...EdisonNet... How about NoRegulationNet?

Curt Monash in his blog suggests a "third way" for net neutrality to go -- applying regulation to the "JeffersonNet" or "bandwidth-light" parts of the Internet while not applying it to the "EdisonNet," the more "communications-rich" applications where regulation would be an impediment.

• Others have picked up on this thread, Slashdot, and Computerworld, intrigued with the middle way or third way thinking.
• Before people get carried away that there is merit in this wishful thinking thread of discussion -- lets add a dose of reality.

With all due respect, the "middle way" thinking is seriously flawed because it assumes a compromise between views with equal merit.

• Fast forwarding to a compromise of what or how much the Internet is regulated assumes the case has been made for any new regulation of the Internet.
• That case has not been made at all.
• Net neutrality is a pathetic ragtag collection of buzzword-blackmail assertions, unsubstantiated allegations and bogus claims.
• Sure the net neutrality side would like to compromise because they have lost in every official and legal forum they have raised the issue.
• Sure they would like to compromise because that would give desperately-needed validation to a bankrupt idea that is on the ropes.
• Sure they would like to get the proverbial "camels nose under the tent."

In order to talk net neutrality compromise, net neutrality proponents have to make the case that they have legitimate concerns to begin with.

• Simply saying it with emotion and virally spreading it to the "netroots" is not making the case -- its political agitation for political/fundraising gain.  
• What they need is evidence of a problem and thoughtful substantive analysis on why activist government intervention is warranted in the absence of market failure.
• We are waiting...