As the pandemic starts to fade, we won’t return to the old normal but we’ll reach a new normal with more broadband of all kinds, especially mobile, with less TV watching. Against that background, the efforts of Congress to shore up the old normal are going to fail.
In this remand proceeding, critics of the RIF Order have failed to provide useful or informative insights on ensuring the needs of public safety are protected though regulation. Overall, the impression that light-touch regulation of the Internet provides the best blend of technical progress and protection of legacy Internet applications is reinforced even by critics of the current regime.
Net neutrality sucked the oxygen out of Internet policy for a decade, turning every discussion of Internet policy into a debate over the best way to ensure the Internet remained true to this newly discovered foundational principle of the Internet. But these promises were hollow because net neutrality only applied to one part of the Internet, data transmission between consumers, Internet-based businesses, and Internet Service Providers.
Net neutrality is an odd issues because it correctly identifies some problems that do take place on the Internet – blocking, throttling, and leveraging platform dominance – while attributing them to the wrong parties. I
To the extent that advocates have praised the Hooton study, they have done so by taking its claims at face value without examining the methodology or by simply expressing glee that Hooton got the “right answer” that comports with their project.
None of the proposals for ISP regulation or platform regulation currently in the mix are very good. If the Internet is good for anything, it’s a great disruptor. Is is too much to ask it to disrupt its own policy frameworks toward the goal of producing more of the good and less of the bad?
It’s reasonably clear that Internet regulation is now blowing up in our faces: Congressional Democrats are intent on raising the 2015 OIO from the dead, but for reasons that appear to be totally political. Meanwhile, data brokers make hay with our browsing histories and nobody but the Europeans seems to care.