American Enterprise Institute

[Commentary] It is nice that network neutrality proponents are finally embracing the arguments that those of us who have been critical of the FCC’s Open Internet efforts have been making for nearly the past decade. This newfound concurrence, however, does raise interesting questions about how the inevitable legal challenge to the Restoring Internet Freedom Order (RIFO) will proceed.

[Commentary] Are the very large, very successful tech megaplatforms a problem that needs solving? Are they suppressing competition, innovation, free speech, democracy? I’m skeptical that case has been proven to the extent a strong public policy response is required ASAP. And I am equally skeptical of the solution set being offered by those who are quite comfortable that the anti-tech case has been proven. 

• While broadband network speeds have improved substantially over the last decade, the web’s performance has stagnated from the end user point of view. 
• The disconnect between broadband and web speeds suggests that the “virtuous circle” hypothesis created by the Federal Communication Commission to justify common carrier internet regulation is false.
• A system for capturing passive measurements and sharing them among internet service providers, web developers, and other responsible parties may be useful for accelerating the web experience.

[Commentary] Those who look at Washington and see only gridlock and bickering should look to the Federal Communications Commission (FCC) as an exception. By implementing improved transparency and review processes in the past months, the FCC has achieved far more transparency than ever before. A shining example of improved transparency at the Commission is the current review of regulations that are hindering innovation and investment through policies tethered to the past.

[Commentary] The European Union’s law “laying down measures concerning open internet access” came into force in 2016. After a year with the law on the books, telecom regulators across Europe have submitted compliance reports to the supervisory Body of European Regulators for Electronic Communications (BEREC) and the European Commission. While no bad internet service providers (ISPs) or violations have emerged, a regulatory bureaucracy is growing because of the law. 

[Commentary] One of the most unfortunate aspects of the net neutrality debate is its ability to bring out the worst sides of otherwise good people. Many friendships have been lost to the issue; many good people on both sides of the issue can no longer engage civilly with their counterparts on the other side. This is what came to mind when I saw Federal Communications Commission Commissioner Mignon Clyburn’s “fact sheet” that purports to show how FCC Chairman Ajit Pai has reversed his positions on the Open Internet Order between 2014 and today. Clyburn’s fact sheet is misleading, giving a false impression that the chairman’s views have changed in ways that they have not.

[Hurwitzis an assistant professor at the University of Nebraska College of Law]