Regulatory classification

There is an easy way to simplify the upcoming battle between the Federal Communications Commission and big internet service providers (ISPs) over Title II regulation and net neutrality. The public expects the government to regulate industries that are essential. That’s the reason we regulate electric companies and drinking water quality. It’s the reason we regulate meat and drug safety.

The Supreme Court allowed Biden administration officials to continue to contact social media platforms to combat what the officials say is misinformation, pausing a sweeping ruling from a federal appeals court that had severely limited such interactions. The justices also agreed to hear the administration’s appeal in the case, setting the stage for a major test of the role of the First Amendment in the internet era — one that will require the court to consider when government efforts to limit the spread of misinformation amount to censorship of constitutionally protected speech.

The Federal Communications Commission's Wireline Competition Bureau seeks comment on petitions for reconsideration of the Restoring Internet Freedom (RIF) Remand Order filed by Common Cause, INCOMPAS, Public Knowledge, and the County of Santa Clara. The petitioners request that the FCC reconsider its decision in the RIF Remand Order, reverse or vacate that Order, and initiate a rulemaking proceeding to address the concerns raised by the DC Court of Appeals pertaining to the 2018 RIF Order. In addition to the issues raised in the petitions, the FCC invites comment on how the issues under con

Despite vowing to eschew involvement in the latest Network Neutrality drama, I cannot sit back and let stand the resumption of the distorted gospel preached by the anti-network neutrality crowd.  This group has legitimate criticisms, many of which I have tried, via hundreds of law review pages—to analyze, and even endorse, in specific instances. Network neutrality regulation will not create a suffocating Internet rate regulation regime. The Democratic majority has clearly exempted broadband internet access from Title II common rate regulation.

Federal Communications Commission Chairwoman Jessica Rosenworcel stated, "Today, there is no expert agency ensuring that the internet is fast, open, and fair. And for everyone, everywhere to enjoy the full benefits of the internet age, internet access needs to be more than just accessible and affordable. The internet needs to be open."

In his new book “Techlash: Who Makes The Rules In The Digital Age?”, former Federal Communications Commission Chairman Tom Wheeler says regulators have failed to rein in Big Tech because they’re using outdated tools. Call it something like “regulatory futurism”—Wheeler is saying now is the time for the government to get innovative by setting up new agencies with wide-reaching powers to determine what is and isn’t in the public’s best interest when it comes to tech.

NCTA: The Internet & Cable Association President and CEO Michael Powell used an opening session at his industry’s annual tech trade show to launch a full-throated, very libertarian-leaning counter-offensive to the Federal Communications Commission's plan to reinstate net neutrality rules.

The Federal Communications Commission launched a new proceeding on restoring open internet protections for consumers and businesses. The FCC also will seek comment on proposals to ensure broadband services have effective oversight. If the proposals are adopted after the public comment period and review of that record, the FCC would once again be permitted to protect internet openness and competition, protect broadband networks from national security threats, and address public safety needs like internet outages.

1. Broadband is essential: A lot has changed since the previous Federal Communications Commission repealed net neutrality. A devastating pandemic reaffirmed the essential nature of broadband access to protect the health and economic security of all Americans.
2. Abdicated oversight: The 2017 FCC approach was not “light touch.” It was a complete abdication of authority.
3. Targeted approach: Chairwoman Rosenworcel’s approach is targeted, not heavy-handed.

The Federal Communications Commission will begin implementing President Biden’s plan for increasing government control of the Internet. There will be lots of talk about “net neutrality” and virtually none about the core issue before the agency: namely, whether the FCC should claim for itself the freewheeling power to micromanage nearly every aspect of how the Internet functions—from the services that consumers can access to the prices that can be charged. The entire debate over whether Title II regulations are necessary or justified was settled years ago.