Welcome to the Roadkill Café

[Commentary] The middle ground is not as safe as it might seem. The three options available to the Federal Communications Commission in the open Internet debate can broadly be characterized as light, medium and heavy regulation.

At least two of the three main provisions of the FCC's "medium" regulation proposal have the potential to be quite harmful. The first involves "transparency." Mandated price disclosure helps facilitate cartel behavior.

Second is the prohibition against "commercially unreasonable" practices. The commercially unreasonable standard, particularly in combination with the detailed disclosure requirements, risks generating a steady stream of complaints from interested parties.

[Lenard is president and senior fellow of the Technology Policy Institute]