Network neutrality is a technical, not a political problem

[Commentary] Reclassification of broadband would impose onerous "common carrier" rules on network operators, rules that predate the invention of computers. It would open the door to micromanagement of the broadband industry, new consumer taxes and the chance state and local regulators have been waiting for to get into the rule-making game. It's also illegal. Only Congress can effect such a radical change in the law. The FCC's reclassification end-run, as even its supporters know, will lead to withering lawsuits that could take years to resolve. In the interim, the investment climate for continued innovation in our broadband infrastructure will sour. There is a better way to resolve the network neutrality dilemma. The Google-Verizon proposal strikes a balance between those who fear a government takeover of the network with concerns that unregulated ISPs will someday close the open Internet. It calls for increased cooperation among industry participants but also asks Congress to give the FCC new authority to ensure the neutrality rules are obeyed. Net neutrality is not a political problem. It's a technical problem. And there's every hope that Silicon Valley can solve it without the meddling of lawyers, lobbyists and bureaucrats. Winning the peace is often harder than winning the war. But we should give Silicon Valley the benefit of the doubt. The remarkable value they've generated over the last 10 years has earned them that deference.

[Larry Downes is a fellow at the Stanford Law School Center for Internet & Society.]