Broadband Politics » Regulation

The Agenda for the Fall

Richard Bennett — Tue, 06 Sep 2011 22:54:39 +0000

What’s the House Energy and Commerce Committee doing? Check The Hill’s Hillicon Valley:

Cybersecurity, process reform at the Federal Communications Commission, privacy and spectrum policy issues will dominate the technology agenda for the House Energy and Commerce Committee this fall.

“The American public is desperate for more jobs, and Energy and Commerce Republicans understand the fundamental economic principle that reducing regulatory burdens is imperative to spur job growth and economic recovery,” said Chairman Fred Upton in a statement accompanying the fall agenda.

“Our future depends on our economic growth, and our economic growth depends on our regulatory future.”

Spectrum, spectrum, spectrum.

Wrong Way

Richard Bennett — Mon, 10 May 2010 15:40:34 +0000

The FCC’s “Third Way” rhetoric is especially interesting to ITIF because the notion that a third way was needed is something ITIF president Rob Atkinson and current Obama advisor Phil Weiser introduced in a 2006 paper. The rhetoric of the third way doesn’t align with the use of a Title II classification, however, because Section 202 has the simplistic “anti-discrimination” construction that’s telephone-specific. Packet-switched networks employ discrimination to do constructive things, so the policy issues are around the sale and transparency of discrimination as a service, not the mere fact of its existence.

The FCC is also usurping the Congressional role and defining its own mandate. See the ITIF statement:

The Federal Communications Commission, the government agency charged by Congress with regulating communications by air and wire, announced today a sweeping new program that goes far beyond its mandate. The FCC’s move is likely to lead to a lengthy and unnecessary legal battle, create needless uncertainty in the market, and detract from the FCC’s important work in implementing the recently unveiled national Broadband Plan. While the FCC is attempting to create a regulatory framework suitable for the ever changing Internet ecosystem, its proposal is tantamount to going duck hunting with a cannon.

This is a story that has become all too familiar. In the recent past, the courts have struck down punitive FCC orders against the Super Bowl “wardrobe malfunction” and on, April 6, an overwrought ruling against cable operator Comcast, who sought to preserve good Internet performance for those of its customers who use Voice over Internet Protocol (VoIP) services such as Skype and Vonage. This most recent example of FCC over-reach is a proposal that would take broadband Internet services out of their present status as lightly-regulated “information services” (Title I) and plunk them into a regulatory system devised for the monopoly telephone networks of the 1930s (Title II).

Read the whole thing.

FCC Regulates Internet, Film Here

Richard Bennett — Thu, 06 May 2010 03:31:03 +0000

News leaked out earlier today to the effect that the FCC has decided to pursue a Title II regulatory program for the Internet, treating it in effect as if it were a telephone network. Others have called this approach “the nuclear option,” but I think it’s less severe, more like the 9/11 attacks on New York and Washington. Telecom lawyers will prosper from it, as a move of this kind is likely to take many years of court battles to squelch. Here’s a little discussion I had with a small circle of friends at the TechCrunch pad this afternoon.

Enjoy.

eComm Presentation

Richard Bennett — Mon, 26 Apr 2010 00:10:35 +0000

I gave a presentation at eComm last week on the challenges in building a mobile Internet building on themes I explored in my recent ITIF report, Going Mobile. As I didn’t have much time, I skipped over some of the policy content, so I’m uploading my slides for interested parties to peruse.

Speaking of privacy

Richard Bennett — Sat, 30 Jan 2010 00:34:45 +0000

I went to the FTC’s second privacy workshop yesterday in Berkeley, and found it a generally interesting and worthwhile event, although it did exhibit some of the familiar patterns. Privacy, like net neutrality, isn’t as much a coherent issue as a grab-bag of grievances about a number of loosely connected concerns. Privacy is even more diverse and more incoherent than NN, which is after all driven by the desire to preserve traditional features of the Internet. Privacy seeks to change Internet tradition, which has never had any meaningful privacy but has simply created a sufficiently strong illusion of anonymity to make some people think there’s privacy on the net.

So what you have in privacy is two major issues of totally different character: (1) the capture of fleeting personal information by various services; and (2) the building of databases of personal activity and the subsequent analysis, use, and sale of the information they contain. These issues have to be resolved against the background of the Internet’s defective security architecture and tradition of people using handles instead of real names. When people feel anonymous, they misbehave, which is why there’s no much theft and generally churlish behavior on the net.

Congress is looking into these issues as well, and toward that end has held several hearings. I’m attaching testimony I delivered at one of these last Spring for your enjoyment. It holds up pretty well.