Regulatory classification

House Communications Subcommittee Chairman Marsha Blackburn (R-TN) has been critical of Silicon Valley's default position on network neutrality and its privacy practices. But she says she found common ground during a recent visit to tech companies on the West Coast: "I think with a broad brush that it is fair to say that when it comes to broadband expansion they are all incredibly interested about how we're going to do and what we're going to do," she said. Here's what else she had to say:

On net neutrality: She said that companies want "to have their say and to do something on where there is agreement." It remains to be seen, however, whether there'll be enough agreement for all the parties involved to hammer out a deal.

On her privacy proposal: Blackburn has introduced a bill that would require web firms like Facebook and Google (as well as ISPs) to get permission before letting marketers use customers' data to target ads. "I am positive," she said of her outlook on the proposal. "I'm optimistic." She said a "real win would be to have an aggressive discussion" about the issue in the fall.

On free speech on the internet: We also asked her about her views on internet companies removing hate speech from their platforms or systems, which some say raise questions of free speech in a world where private companies have a lot of control over who sees what points of view. She said it's "something that will come up in discussion" down the road about the responsibility that web companies have.

The technology sector has been on edge, waiting to see if the new administration will make the reforms needed to spur innovation and startup activity, or whether it will make policy changes that end up stifling it. There are a few key areas of tech policy that are top of mind for tech CEOs and other industry participants, including four key issues: Expanding tech talent, intellectual property protection, artificial intelligence and automation, and network neutrality. Current Federal Communications Commission Chairman Ajit Pai is arguing to end internet service providers’ status as common carriers (on par with utilities), and instead “reestablish” market forces in regulating the internet. His view is that this would increase infrastructure investment and innovation among the aging broadband networks. This is not surprising, given President Trump’s view on this as a “top-down power grab,” drawing analogies to the FCC’s Fairness Doctrine.

The Federal Communications Commission plan to repeal network neutrality rules depends partly on the argument that antitrust rules can protect consumers and websites from bad behavior by Internet service providers. FCC Chairman Ajit Pai's Notice of Proposed Rulemaking that proposes overturning the rules seeks comment on whether "the existence of antitrust regulations aimed at curbing various forms of anticompetitive conduct" makes the current net neutrality rules unnecessary. But even a prominent opponent of the current net neutrality rules that Chairman Pai wants to overturn says that antitrust isn't robust enough to protect consumers and websites from ISPs.

This anti-antitrust argument comes from economist Hal Singer, who opposed the FCC's 2015 decision under then-Chairman Tom Wheeler to impose net neutrality rules by reclassifying ISPs as common carriers under Title II of the Communications Act. Chairman Pai has repeatedly said that Singer's research on alleged network investment declines proves that the net neutrality rules have been harmful. Singer has derisively called the current net neutrality framework, "the Wheeler tax." But on the question of whether antitrust rules can protect consumers from net neutrality violations, Pai and Singer do not agree.

The pace of filings at in the Federal Communications Commission's network neutrality comment docket, dubbed "Restoring Internet Freedom," by FCC Chairman Ajit Pai, is showing no signs of slowing down, with still plenty of people (or bulk e-mail generators, some argue) still weighing in. The FCC extended the comment deadline to Aug. 30 from Aug. 16. Since that Aug. 16 date, 1.5 million additional filings have been logged as of Aug. 24, making the current total 21,850,771, up from the 20,350,000 in the docket as of Aug. 16. The FCC does not keep track of such records, but nobody is disputing that this volume is a record for the number of comments in any FCC docket.

With the open internet under attack, thousands of Free Press members heeded the call and donated to our $100K in 100 Days campaign to save Net Neutrality. Thanks to their generosity, we exceeded our goal and are continuing to work around the clock to stop the Trump Federal Communications Commission from handing control of the internet over to companies like Comcast and Verizon.

Public interest groups opposed to the repeal of network neutrality rules are asking the Federal Communications Commission to release a trove of documents in an effort to keep the rules in place. Sixteen groups signed a letter urging the FCC to comply with a Freedom of Information Act request for tens of thousands of complaints that have been filed since the net neutrality rules were implemented in 2015.

They also called for the FCC to delay its repeal of the rules, which require internet service providers to treat all web traffic equally, until the complaints have been released and reviewed. “It is disturbing that the FCC has apparently failed to review documents that are in its exclusive possession prior to crafting [a notice of proposed rulemaking] to repeal the very rules that established these enforceable mechanisms to redress consumer harms,” the letter reads. The letter was signed by groups including the American Civil Liberties Union, Public Knowledge, the Electronic Frontier Foundation and Common Cause.

[Commentary] To distract you while they smother network neutrality, Federal Communications Commission Chairman Ajit Pai and acting Federal Trade Commission Chair Maureen Ohlhausen have offered confident assurances that the FTC can step into the role abdicated by the FCC and protect net neutrality with its antitrust and consumer protection enforcement authority. It sounds plausible (plus most people aren’t entirely sure what the FTC does), so you nod along, but don’t fall for it; it’s a ruse. The FTC would be far more limited in how it can protect net neutrality, because:

1) The FTC is prohibited from enforcing its laws against common carriers, like telephone companies
2) The US Court of Appeals for the 9th Circuit has broadly interpreted that law to mean that the FTC can’t act against even the non-telephonic services of telephone companies, like broadband
3) Even if the 9th Circuit decision gets reversed, the FTC can’t use antitrust law to protect individual websites and content providers
4) It’s doubtful whether net neutrality could be enforced through the FTC’s other enforcement tool, consumer protection laws

[Anant Raut is the former counsel to the assistant attorney general of the DOJ’s Antitrust Division, as well as a former FTC attorney. He is currently a visiting fellow at Public Knowledge]

[Commentary] The desirability of regulations applicable to broadband internet service should be measured against their impact on investment, competition, and consumer welfare. If the regulations cause more harm than good, it’s time to revise them. This type of analysis is going on now at the Federal Communications Commission as the agency examines the desirability of continuing to apply what is called “Title II regulation” to the internet. Title II regulation, whose name comes from Title II of the Communications Act of 1934, was applied to the Internet two years ago by the agency at the behest of the previous Chairman. But the new Chairman has concluded tentatively that Title II regulation should be eliminated based on the test outlined above, and as a result, the agency is expected to decide soon whether to do so.

Go! Foton agrees with the new FCC chairman that Title II regulation does more harm than good. We therefore welcome the FCC’s action to examine the implications of Title II internet regulation and ultimately roll it back.

[Dr Simin Cai is Chief Executive officer at Go! Foton]

Verizon announced that its existing unlimited data plan is being divided into three new options: Go Unlimited (starting at $75 for a single line), Beyond Unlimited ($85 for first line), and Business Unlimited. Unlike the relatively straightforward unlimited plan that Verizon surprised customers with in February, these new monthly plans are chock-full of fine print and caveats. And in a move sure to anger network neutrality advocates, the regular “Go Unlimited” plan throttles all smartphone video streaming to 480p / DVD-quality. The new plans go into effect beginning tomorrow, August 23rd, so this change is happening fast. Existing postpaid customers can keep their current plan, but some things will change even for them.

Shortly before the inauguration, I outlined four general areas where actions could be taken to reinvigorate investment: one, undoing harmful policies; two, clearing regulatory underbrush; three, developing and executing a strong pro-innovation agenda; and, four, overhauling the Commission’s arcane processes and its organization. I’m pleased to say that we’ve seen significant progress on each front....The Internet is arguably the greatest man-made technology of my lifetime and a testament to free-market principles embodying the American Dream. The government must remain steadfast that this platform should be unfettered by regulation. Doing so is the way to ensure that the economic revolution and expansion of opportunity, unsurpassed in modern history, will continue for future generations and empower their American Dreams.