Two More Ways the “Open Internet Order” is Illegal
Communications / Regulation / Rule of Law / Technology

Two More Ways the “Open Internet Order” is Illegal

As I have previously discussed, the Open Internet Order (OIO) recently passed by the Federal Communications Commission (FCC) is an unconstitutional breach of the Fifth Amendment’s Takings Clause. That is not the only legal pitfall of the order, however. It also violates the Telecommunications Act, the very law which it is using to apply Title … Continue reading

Why the “Open Internet Order” is Unconstitutional
Communications / Constitution / Rule of Law / Technology

Why the “Open Internet Order” is Unconstitutional

Now that the Federal Communication Commission’s (FCC) so-called Open Internet Order (OIO) has finally been released, we can begin to assess where we go from here. Besides the numerous reasons why the FCC’s decision is bad policy, it is also unconstitutional. The OIO is a violation of the takings clause of the Fifth Amendment. The … Continue reading

FCC Regulation is Bad for Economic Growth
Communications / Regulation / Technology

FCC Regulation is Bad for Economic Growth

As the Federal Communications Commission (FCC) prepares to expand its regulatory reach to encompass internet providers under Title II of the Communications Act, many have objected that the measure will reduce investment needed to expand overall broadband capacity. The new order will increase uncertainty both about what shape enforcement of the rules will actually take … Continue reading

Privacy Advances or More Privacy Threats? What Might be Wrong with Eric Holder’s Statement
Communications / Other / Regulation

Privacy Advances or More Privacy Threats? What Might be Wrong with Eric Holder’s Statement

Attorney General Eric Holder said on September 30 that new forms of encryption that are now introduced by technology companies could thwart investigations of kidnappers and sexual predators, putting children at increased risk. In the wake of ongoing revelations of widespread surveillance of data and other electronic devices, Holder’s speech seems to be a well-coordinated campaign … Continue reading

U.S. Broadband Competition: Will Chairman Wheeler’s Plan Be Effective?
Communications / Technology

U.S. Broadband Competition: Will Chairman Wheeler’s Plan Be Effective?

During the past two weeks, one of the most catching statements on the American Internet service came from Tom Wheeler, the chairman of the Federal Communications Commission (FCC). The Chairman stated that Americans lack real choices among Internet service providers (ISP), with fewer than one in four American homes having access to two or more ISPs … Continue reading

Comedy, Competition, and Investment: Everything is Amazing and Broadband is Too
Communications / Culture / Regulation / Technology

Comedy, Competition, and Investment: Everything is Amazing and Broadband is Too

“Everything is amazing right now and nobody’s happy.” Few things are truer than that we, as humans, fail to appreciate the present moment.  Regardless of how bad the “good ole days” were factually, we hang on to the notion that simpler technology equates to simpler needs, simpler problems, and simpler living.  While being lost in … Continue reading

The Tragedy of the Common Carriers
Communications / Politics / Regulation / Technology

The Tragedy of the Common Carriers

One cannot discuss Net neutrality these days without stumbling across the centuries-old legal concept of “common carriage.”  As with all antediluvian models of the world, time invites decline and eventual replacement. And So The World Begins Common carriage is a rather deceptively simple idea: a service provided by a private company to any market participant … Continue reading