I would much rather see the FCC spend its free time on the spectrum problem than fooling around with Title II. But that takes the agency focusing more on what the country needs and less on its institutional self-esteem. That’s harsh, but it’s consistent with what’s actually happening in 2023
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.
Net neutrality was created at a time when the only large firms conducting Internet business were ISPs. It was sensible for lawmakers to focus on ISPs in 2003. But today’s Internet is dominated by non-ISP edge services that routinely abuse personal information. Internet law need to leap forward to the present day.
In reality, the Markey amicus doesn’t describe the Internet that we use today. It addresses an entirely different system that didn’t exist in the past either. ISP service is combination of transmission and information processing that serves the needs of the information society. And it appears to be serving those needs pretty darned well.