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Internet controversy regulation

Net Neutrality: Dead Again

Net neutrality, a scheme to centrally plan the provision of broadband Internet access by private companies, is dead.

At least for now. 

No harebrained scheme is ever definitely dead for sure and forever in politics. Not on this planet.

Net neutrality had been killed before. But last year, Democrats on the FCC in favor of micromanaging how broadband Internet access is priced and how broadband companies may invest their resources revived the misnamed doctrine, a confection of the Obama era.

Fortunately, the Sixth Circuit Court of Appeals has put the kibosh on this recrudescence of out-​of-​control power-​grabbing. The court explicitly noted a recent Supreme Court ruling that deference need no longer be accorded to regulators who make the law say whatever they want it to say.

The Sixth Circuit ruled 3 – 0 that the FCC had overstepped its authority under the law. 

And it cited the Supreme Court’s 6 – 3 decision last year in Loper Bright Enterprises v. Raimondo. This was the decision that overturned the Chevron doctrine (according to which judges must defer to bureaucratic misinterpretation and hijacking of law if such hijacking can be somehow construed as “reasonable”).

The Wall Street Journal points out that “ending Chevron will make it harder for regulators to exceed their authority.… This is a victory for self-​government and the private economy over the willful administrative state.”

That, and the more basic truth that net neutrality is itself an incoherent, unworkable policy, is more than enough reason to celebrate this revenant notion’s reiterated demise.

This is Common Sense. I’m Paul Jacob.


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Gloating Time?

“The freak-​out was something to behold,” I wrote two years ago.

Newly appointed chair of Federal Communications Commission, Ajit Pai, had just nixed ‘net neutrality,’ and reactions from the left end of the political spectrum were overwhelmingly negative.

I, on the other hand, prophesied good times ahead. But we free-​market folks were outshouted.

At least on Twitter. 

Now, two years later, with something like a free market returned to Internet regulation, Casey Given at the Washington Examiner urges us not to “forget how the Left cried wolf.”

Contrary to doomsayers — whose alarm was that, sans net neutrality, we would experience “the End of the Internet as We Know It” — things are turning out pretty well. Mr. Given tells us that “since the repeal of net neutrality, more than 6 million people have gained access to the internet. Internet speeds have increased as well.”

Which shouldn’t shock. After all, the whole net neutrality mania was fear-​based anti-​capitalist prejudice. 

“The Internet had stumbled along just fine until 2015, when President Barack Obama’s FCC put ‘net neutrality’ in place — a point Ajit Pai ably makes in his defense,” I argued two orbits ago. “Do the doom-​sayers really believe that a set of regulations that had been in place just a few years was going to ‘ruin the Internet’ and unleash Big Corporations upon the world to the detriment of regular consumers and start-​up service providers?”

What most net neutrality advocates wouldn’t acknowledge, at the time, was that net neutrality was supported by key telecom corporations. This should have given them a hint that net neutrality itself was the thing to be most feared: a rigged system for a few at the expense of the many.

This is Common Sense. I’m Paul Jacob.


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folly general freedom national politics & policies too much government

Non-​neutral Net Neutrality

Worried about its costs, Netflix has asked millions of customers to support so-​called net neutralitypolicies to curtail the freedom of action of broadband companies like Comcast. Netflix, a huge suck of bandwidth, doesnt want to have to make deals with ISPs like Comcast to deliver service to its customers.

One goal of net neutralityis to prevent Internet providers from affecting Internet access via such nefarious practices as charging different rates for different levels of service (a ubiquitous form of discriminationwithout which markets cannot function). Mises Institute writer Ryan McMaken wants to know what problem the new regulations are supposed to solve: Who is being denied access to the web?

Since the Internet first became generally available, it has become only more widespread, service only faster.

Any problems caused by existing government barriers to entry should be solved by dismantling those barriers. But according to FCC commissioner Ajit Pai, the voluminous new regulations go in the opposite direction, giving the agency power to micromanage virtually every aspect of how the Internet works.

The FCC has voted to proceed with the regulations. The result will likely throttle the quality of broadband service. 

Netflix and other advocates of the regime have also foot-​shootingly increased the chances of intrusive new regulations of their own net-​based businesses.

Any sweeping assault on our liberty is hardly neutral.Regulations like those proposed always favor some over others, the essence of partiality. What we need from government is not neutralitywith respect to our freedom, but consistent upholding of our right to it. 

This is Common Sense. Im Paul Jacob.


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video

Video: Instead of Internet Neutrality

Big moves and much talk about net neutrality in recent days. If your head is swimming, maybe try these two videos from Reason TV:


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Net Neutrality Lunacy

“The very same government that couldn’t even build a functional website and leaked massive amounts of personal data while doing it just took over the entire Internet.

And people everywhere are telling me that places like Amazon (a company that can deliver almost anything to my door within 24 hours with the click of a button) are making the Internet less free.

Raving, barking lunatics.”

—Justin M. Stoddard


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free trade & free markets national politics & policies

Neutrality or Tragedy?

Everybody likes freebies. New York renters often seek apartments advertised with “utilities included.” Why? So they can run their air conditioners 24/​7.

Similarly, a lot of people are pushing for something called “Net neutrality.” We must guarantee a “free and open Internet,” they say. 

Sounds good. After all, “free” is a good deal, if you can get it. But “free” comes at a cost. “Not having to pay for it” can become “paying through the nose” pretty quickly. 

Here’s the problem: The rise of VoIP, streaming video and audio, and similar broadband luxuries has strained the Internet. Regulating the Net for “neutrality” prevents price and quality-​of-​service discrimination by owners of the Net’s infrastructure. 

Might as well require all landlords to provide all utilities “free” … distributing the costs of extra usage via basic rent charges. That would be “Apartment neutrality.” 

It would also be a big waste, and not just of electricity.

When suppliers of goods aren’t allowed to price and move product to their advantage, we get something  like the “tragedy of the commons.” The term comes from the medieval commons, a field that all villagers could use. They were, historically, overgrazed. Devastated. Hence the need to divvy up the fields into private plots, allowing trade to increase wealth, to the benefit of all.

U.S. regulators, tackling Net neutrality this month, should be wary of laying waste to the Net in the name of “openness.” Never confuse “free” of price with freedom itself.

This is Common Sense. I’m Paul Jacob.