Net-prejudice: How the FCC is failing net neutrality
Communications / Technology

Net-prejudice: How the FCC is failing net neutrality

Netflix has recently come forward to admit, after a protracted, finger-pointing match with Verizon and AT&T, they have in fact been throttling the speeds of these networks in order to protect customers from overage charges. Leading up to this confession, the Federal Communications Commission has been increasingly partial to controlling certain aspects of the Internet, … Continue reading

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

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

Net Neutrality: Why the FCC Should Vacate the Premises
Communications / Regulation / Technology

Net Neutrality: Why the FCC Should Vacate the Premises

When it comes to current Net neutrality issues, the public debate swings predominantly between two different regulatory strategies (known as, Title II and Section 706), both to be administered by the Federal Communications Commission (FCC).  Yet, as much as we concern ourselves with better definitions and the right regulations, we should be more concerned with … Continue reading