Regulatory classification

A Q&A with former Federal Communications Commission Chairman Tom Wheeler. He says one major issue for the Biden FCC will likely be restoring Obama-era net neutrality rules that required internet service providers to offer equal access to content on the web. Current FCC Chairman Ajit Pai reversed those rules in 2017. President-elect Joe Biden will prioritize more spending on broadband infrastructure.

The first 100 days of a new Administration and new Congress are critical to charting a clear, bipartisan course for our nation’s policy agenda. From COVID relief to budget decisions, take bold and decisive action to finish the job of connecting every American home, business and anchor institution to U.S. broadband infrastructure. Particularly amid a global pandemic, the fact that an estimated 18 million American homes do not have broadband access is unacceptable.

Technological innovation has long been and will continue to be critically important to per-capita income growth, economic competitiveness, and national security. So it is important to examine President-elect Joe Biden’s policy agenda through that lens. This report compiles information from the president-elect’s campaign website and policy documents, from the Democratic Party platform, and from media accounts of statements he has made.

If Democrats win a majority of Senate seats, it would give regulatory-minded congressional Democrats the ability to put an end to the legal wrangling over a neutral internet, impose tougher new privacy laws or pass their version of social media regulation. With Republicans holding onto the Senate, there would be no legislation reclassifying internet access as a Title I telecommunications service subject to mandatory access and potentially rate regulation.

Joe Biden's transformation into president-elect Saturday kicks off a new era for tech, giving an industry that's found itself increasingly at odds with government the chance for a reset. Biden's ascent could see the restoration of some tech-friendly Obama-era policies but is unlikely to end the bipartisan techlash that grew during Trump's term.

The Federal Communications Commission lacks the authority to interpret Section 230. Congress did not give the FCC any role in interpreting the law, or, importantly, in adopting rules to implement that interpretation. Section 230 concerns liability for various torts as litigated between private parties. The FCC has no role—only the parties and state and federal judges do. Indeed, the legislative history of Section 230 makes clear that Congress didn’t want the FCC to have any role with regard to Section 230 or with regulating online platforms.

With the 2020 election right around the corner, the net neutrality debate could come roaring back. It’s also possible it could be decided forever. However it shakes out, there will be implications for net neutrality. So what will the future of the net neutrality battle look like under a continuation of Trump’s administration or if former Vice President Joe Biden wins? Experts see the future of net neutrality rolling out one of two ways, both of which have several avenues splintering off from each.

Let’s stop ignoring the obvious: broadband internet access service is a public utility and needs to be regulated as one.

President Donald Trump has changed the internet in obvious ways. During his first term, Americans have watched his administration relish the opportunity to destroy net neutrality—the core principle of a free and open internet.

Tuesday, November 3, is Election Day. And as you may well be trying to decipher the latest polls to predict who'll be running the federal government for the next four years, policymakers haven't taken a break. Here's a quick recap of the major news of the week.