When 'bots' outnumber humans, the public comment process is meaningless

[Commentary] Over the last month, the Federal Communications Commission received 2.6 million public comments critical of Chairman Ajit Pai’s plan to roll back President Obama’s "network neutrality" rules. This outpouring of public sentiment must be evidence of participatory democracy at it best, right? Not quite. A sizable percentage of these comments appear to be fake. What the net neutrality comment debacle underscores is that the Internet age may mean the collapse of the public comment process, at least for significant public policy issues.

Sophisticated bots and automated comment platforms can create thousands and thousands of comments from senders who may or may not be real. Most rulemaking pertains to subject matter that is less widely-watched than net neutrality, and usually concerns only a small sliver of the public. The public comment process has some virtues and should continue. It is time to recognize, however, that for rulemaking over issues on the scale of net neutrality, with entrenched and vocal participants on both sides of the aisle, the public comment process has become a farce.

[Peter Flaherty is president of the National Legal and Policy Center.]