A Broken System Helped the FCC Kill Net Neutrality. It Afflicts the Whole Government.

It is clear that the online comment system at the Federal Communications Commission, and very likely other public agencies, is easily exploitable and likely broken to the point that it’s causing more harm than good. Though it may seem like an arcane issue, it’s a big problem. When it comes to crafting new federal policies, the notice and comment process might be the only direct way a member of the public can have a voice in federal decision-making. Regulators are legally required to consider opinions shared by Americans. Though policymakers can’t read every comment if millions are posted, comments can be tallied to help reshape policy proposals.

The answer to this mess isn’t ending the comment process. We need ways to weigh in on policies that affect our lives beyond Election Day, especially when it comes to decisions made by unelected officials at regulatory agencies. The answer is to fix the broken system—fast. That requires understanding how fake comments are filed and working with technologists, consumer advocates, and other stakeholders to ferret out ways the system can be abused and build a better one. Maybe a new system could require posters to use two-factor authentication. Or perhaps the agencies should build a detection system to weed out duplicates. When the public is asked to participate online, there will always be actors who try to muck it up. But democracy is messy. And that requires constant work to protect it.