Don't Shackle the Internet

cloudnet

Originally published by USA TODAY on February 9th, 2015, featured as an "Opposing View" to the USA Today editorial Net Neutrality is No Government Takeover The Title II public utility approach is the worst possible way to go. USA TODAY may call this an "opposing view," but I agree that we can and should enact strong new net neutrality rules to keep the Internet open and free. So does the entire broadband industry. The only area of difference is in how we enact those rules. The Title II public utility approach, which President Obama recommended and the Federal Communications Commission is considering, is the worst possible way to do so. It would shackle the Internet in an outdated legal regime from the Ma Bell era that has nothing to do with net neutrality at all — opening the door to price regulation, new tax and fee increases, and a costly slowdown in investment and innovation. We've seen where this approach leads in Europe, where under Title II-style rules broadband investment per household is half that of the U.S., and Internet speeds there, on average, are considerably slower. Even worse, by going down the legally risky road of Title II reclassification, we won't end the debate. We'll simply kick the problem to the courts (again), creating new uncertainties and leaving everyone who wants enforceable Internet rules in limbo. It also means that the decade-long debate about enacting net neutrality protections is likely to extend past the current administration and will be laid at the feet of the next FCC. There is a better way. Congress has power to pass the strong, consensus net neutrality rules that would avoid protracted court battles and genuinely put this issue to rest. Free from the jurisdictional limits that have driven the FCC into the Title II morass, Congress can enact stable, simple rules that protect the open Internet and ban paid prioritization without any unintended consequences or the economic damage that would be wrought by public utility regulation. America's Internet is thriving with lightning fast speeds, among the most affordable basic service in the world, and a seemingly unending stream of incredible new uses, applications and opportunities. The last thing we should do is put this at risk with a totally unnecessary and dangerous switch to the archaic Title II regime.