Abusing Section 1

In recent weeks, former Federal Communications Commission Chairman Tom Wheeler has pontificated about the current Commission’s lack of action on the issue of Internet network security. At the risk of engaging, I find it necessary to call out the gibberish in his recent writings. In essence, Wheeler’s views reaffirm that he is unwilling to read the law and follow basic principles of statutory construction.  While he dabbles with other arguments, Wheeler’s central case centers on Section 1 of the Communications Act of 1934 as providing some universal authority over all communications activity, especially cybersecurity.  There are a multitude of problems with this reading. 

I’ll go about fulfilling my obligations at the Commission under the limits and boundaries that Congress established, even if that means missing out on the chance to get our mittens in the middle of cybersecurity.  However, if Congress passes a statute providing the Commission with authority over this issue, I will fully implement any new authority given the Commission.