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The USA Today's business section cover story is on George Soros, who is notable here as probably the second biggest funder of net neutrality/information commons causes after Google.

The appropriately skeptical article, by David Lynch, has a second page-headline that sums up George Soros' government-first, economic point-of-view: "Traditional free market theory flawed."

George Soros is really the poster child for net-neutrality-ish thinking, which is that the few, the truly wise, like Mr. Soros, know what is truly best for everyone else -- and that the whole free market concept of accumulating all the actions of all market actors through supply and demand to determine prices or market equilibrium -- is all wrong and a waste of time -- according to Mr. Soros.

• Why include all this riff-raff -- like consumers and businesses -- be free to make constant decisions and adjustments, when the brilliant elite thinkers like Mr. Soros can cut through all the free-market mumbo jumbo and simply tell people what the right economic answers should be to any economic question?  

Just like the Google/Soros astroturf net neutrality army who think they can rename an issue and demagogue it into the mainstream popularity, Mr. Soros now has his very own theory of economics, which he calls "reflexivity" (think knee-jerk-ivity), that Mr. Soros proposes replace current free-market theory and thinking.

Net neutrality proponents who argue broadband competition doesn't work and see a "duopoly" in every shadow, were confronted with powerful market evidence recently that their take on the broadband competitive facts is flat wrong. 

The big Wimax consortium announcement this week by Clearwire, Sprint, Google, Intel, Comcast, Time Warner Cable and Bright House, is obvious evidence that:

• National broadband competition and consumer choice continues to increase; and
• Congress' and the FCC's rejection of net neutrality legislation and regulation encourages investment in broadband deployment to all Americans most quickly.

This free-market, innovative business model development, which Google has embraced with a $500m investment, takes even more wind out of the sails of the net neutrality movement.

I have to admit that I was surprised by all the back-pedaling and calculated retreat by net neutrality proponents at the House Internet Subcommittee hearing on Chairman Markey's net neutrality bill HR5353.

Net neutrality proponents were clearly on the defensive, proactively responding to criticisms of the bill and not spending much time touting its benefits.

Tom Sydnor of the Progress and Freedom Foundation has done a brilliant analysis of Professor Larry Lessig's book "Free Culture" in the important context of Professor Lessig's other works. 

• This analysis is outstanding foundational-thinking and a must read for anyone who cares about preserving a free market Internet.  

Let me highlight some gems:

First, his conclusion:

• "The preceding analysis shows that FREE CULTURE does demonize copyright owners and does urge the government to eliminate copyrights and impose "quasi-socialist utopianism." Nor does this pattern stop with copyrights. Indeed, the preceding analysis shows Lessig has already claimed that to Save the Net, the government must nationalize or heavily regulate:

  • The providers of Internet-access services that own the physical network infrastructure, (e.g., net neutrality);

   

  • The providers of commercial internet applications and services, like eBay, Amazon, and Google (e.g., CODE); and

   

The buzz is that House Subcommittee Chairman Markey is planning a hearing on net neutrality for Tuesday May 6th (probably AM) -- if they can line up their witnesses, which are still TBD.

• It is not on the Committee website and until it is, its not official.

I wouldn't be surprised if Professor Lessig is asked to testify yet again, after testifying before the Senate last week and the FCC the week before.

Kudos to Timothy Lee of Cato, for his post in Techdirt: "Changing the Internet's architecture isn't so easy." 

Mr. Lee challenged Professor Lessig's assertion at the Stanford FCC hearing that network owners have the power to change the Internet's architecture.

Why his insightful analysis is so devastating to Professor Lessig's core assertion underlying the need for net neutrality legislation is that it exposes some "inconvenient truths" about the reality of trying to change the Internet's architecture:

• First, Mr. Lee brilliantly points out that to control which devices got what content like Professor Lessig posits, would require instituting some type of handshake protocol that would be extremely difficult to get adopted by device manufacturers.
• Second, he points out how difficult it has been to change the Internet's architecture to IPv6, something there is a lot of consensus around to do.
• Third, he explains that these changes in architecture Lessig posits would be extremely expensive and take a long time.

I recommend you read his full post, it's brief, well-reasoned and fresh.  

Sometimes an analysis is so outstanding, all you can say is "Read it!"

The big surprise of the hearing was that Chairman Martin was a last minute witness. The Committee created a new first panel for just Chairman Martin, which ended up consuming about 60% of the allotted time for the whole hearing, and which was also the prime time when most of the Senators and press were in attendance. This surprise testimony practically relegated the other panel, which was expected to be the main event, to more of sideshow status.

Overall, this hearing was slightly more balanced than its House counterparts. Chairman Innouye continued his very measured and balanced approach, in that he said things that each side wanted to hear.

• Given that the Senate Commerce Committee is historically quite bipartisan, and that this committee remains split largely down the middle, I doubt if we will see much real movement on Dorgan-Snowe's net neutrality bill this session.
• If Chairman Inouye actually thought net neutrality legislation should make progress, he wouldn't have waited fifteen months since the introduction of the Dorgan-Snowe bill to hold the first hearing on it.
• It appears the real purpose of this hearing was basically to let off steam and throw the net neutrality activists a bone. 

The real import of the hearing was two-fold: 

Be sure to read Dick Armey's succinct analysis and perspective on net neutrality in his op ed: "Spare the Net."

• I am a big fan of Former House Majority Leader Dick Armey -- he is one of the true free-marketeer giants of our era.

Below is the full text of the letter I sent to all members of the Senate Commerce Committee and the Senate leadership questioning why of all times -- now -- for pushing net neutrality?

• Tuesday is the Senate Commerce Committee hearing on net neutrality entitled: "The Future of the Internet."  
• The attachment to the letter was my one-pager: "Why net neutrality is not a mainstream issue."  
• The link to the PDF of the letter with attachment is here.

April 22, 2008

The Honorable Daniel K. Inouye

722 Hart Senate Office Building

Washington, DC 20510-1102

ATTN: Telecom Legislative Assistant

Dear Chairman Inouye: