If you support net neutrality, but are against FCC content censorship, you should applaud this ruling. It checks the agency's ability to conjure new powers for itself. That overreach is the mechanism by which "neutrality" could be subtly redefined, over time, by the next generation of righteous busybodies.
Without strict by-the-letter-of-the-law limits, future populist regulators could easily decide that packets aren't truly "neutral" unless they advance neutrality, equality, and justice for all Americans. Packets which contain hate speech, pornography, anonymous speech, content inaccessible to the handicapped, political campaigning beyond the spending limits of the FEC, or an insufficient proportion of 'underrepresented' viewpoints all twist the net against the public interest. So why shouldn't fair-minded regulators issue extra rules to protect us? Demand more proof of compliance and 'good faith' from operators to stay in business? And once an agency is reviewing business practices for compliance with political ideals, where does it stop?
The diversity of political viewpoints available from a mass media is roughly inversely correlated with the amount of government regulation. Broadcast TV -- requiring FCC licenses for using the "public" airwaves -- has the tamest commentary. Cable TV -- federally-unregulated but locally-licensed, with a lot of operator overlap with regulated broadcasting -- is slightly more diverse. Books and periodicals -- there is no FCC of print, thankfully -- are the most diverse.
Right now the internet is most like books and periodicals. Anything that gives the FCC review power over net businesses will push it to be tamer, more like cable or broadcast. (This is even if there are no explicit content regulations; simply trying to keep the bipartisan regulators on your good side with regard to future disputes means self-censorship.)
Even if you think that's a risk worth taking for "neutrality", you ought to at least require that authority to come from explicit legislation. Get a clear definition of new rules and authorities in writing; have that definition pass Congress and constitutional review. Don't let an appointed agency of 3 Dems/2 Reps (and sometimes, 3 Reps/2 Dems) assign themselves this new authority.
Comments
If you support net neutrality, but are against FCC content censorship, you should applaud this ruling. It checks the agency's ability to conjure new powers for itself. That overreach is the mechanism by which "neutrality" could be subtly redefined, over time, by the next generation of righteous busybodies.
Without strict by-the-letter-of-the-law limits, future populist regulators could easily decide that packets aren't truly "neutral" unless they advance neutrality, equality, and justice for all Americans. Packets which contain hate speech, pornography, anonymous speech, content inaccessible to the handicapped, political campaigning beyond the spending limits of the FEC, or an insufficient proportion of 'underrepresented' viewpoints all twist the net against the public interest. So why shouldn't fair-minded regulators issue extra rules to protect us? Demand more proof of compliance and 'good faith' from operators to stay in business? And once an agency is reviewing business practices for compliance with political ideals, where does it stop?
The diversity of political viewpoints available from a mass media is roughly inversely correlated with the amount of government regulation. Broadcast TV -- requiring FCC licenses for using the "public" airwaves -- has the tamest commentary. Cable TV -- federally-unregulated but locally-licensed, with a lot of operator overlap with regulated broadcasting -- is slightly more diverse. Books and periodicals -- there is no FCC of print, thankfully -- are the most diverse.
Right now the internet is most like books and periodicals. Anything that gives the FCC review power over net businesses will push it to be tamer, more like cable or broadcast. (This is even if there are no explicit content regulations; simply trying to keep the bipartisan regulators on your good side with regard to future disputes means self-censorship.)
Even if you think that's a risk worth taking for "neutrality", you ought to at least require that authority to come from explicit legislation. Get a clear definition of new rules and authorities in writing; have that definition pass Congress and constitutional review. Don't let an appointed agency of 3 Dems/2 Reps (and sometimes, 3 Reps/2 Dems) assign themselves this new authority.