I thought I would point out some of the more fun arguments that may come up on Feb 1 in the oral argument in Mozilla v. FCC, the challenge to the Restoring Internet Freedom Order (RIFO). As always, keep in mind that oral argument is a perilous guide to the final order, and the judges on the panel have a reputation for peppering both sides with tough questions.
At State of the Net, much of Federal Communications Commissioner Brendan Carr's speech focused on 5G and on the "real challenge" from China, which he said has deployed 5G at five times the pace of the US -- a timely comment in the midst of the Huawei controversy. He stopped short of promising special consideration for US 5G projects, but he cautioned against establishing policy barriers. "I want to let the private sector compete" without restraints from local government agencies, on topics such as tower deployment, he said.
House Antitrust Subcommittee Chairman David Cicilline (D-RI) opened the State of the Net program with strong words about Google's perceived anti-competitive behavior, both as a gatekeeper and for its buying splurge in which it has gobbled up smaller firms. This "concentration of power" creates "pernicious impacts on a free and diverse press," Chairman Cicilline said, especially "in the absence of a competitive marketplace." He cited reports on Google's ability to manipulate traffic on its ad networks as well as with its readers and users.
Internet access is an indispensable determining factor when it comes to opportunities and resources. Susan Crawford, author and Harvard Law professor, reflects on the monopoly that companies hold over the service, quality and availability of fiber optic internet service. She points out that with little to no government regulatory infrastructure, or representatives with the necessary know-how, provider incentives rarely align with the public’s best interest. “My fear is that we’ve lost the idea that government actually helps people have better lives,” she wrote.
The steady loss of local newspapers and journalists across the country contributes to the nation’s political polarization, a new study has found. According to research published in the Journal of Communication, with fewer opportunities to find out about local politicians, citizens are more likely to turn to national sources like cable news and apply their feelings about national politics to people running for the town council or state legislature. The result is much less “split ticket” voting, or people whose ballot includes votes for people of different parties.
A talk with Susan Crawford on her new book, Fiber: The Coming Tech Revolution and Why America Might Miss It. The book explores how fiber optic connections will enable virtual presence and dramatically change our daily lives and institutions, from agriculture to healthcare to education. Combining legal expertise with on-the-ground reporting, Crawford argues that the current providers of internet access in the U.S.
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