Regulatory classification

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.

Democrats on the Federal Communications Commission are taking issue with Chairman Ajit Pai's announcement that the agency would clarify edge providers' Section 230 immunity from civil liability over third-party content, as the White House has asked.

The Federal Communications Commission adopted an Order on Remand in response to the US Court of Appeals for the DC Circuit’s remand of three discrete issues for further consideration by the FCC regarding its 2017 Restoring Internet Freedom Order. The court’s Oct 2019 ruling in Mozilla Corp. v. FCC affirmed the FCC’s decision to repeal net neutrality rules. The Court’s decision also upheld the FCC’s robust transparency rule ensuring consumers are fully informed about their online options. This action addresses the few remaining issues the court asked the FCC to consider.