Nick Gillespie thinks that the uproar about net neutrality may end up with the worst of all possible solutions by letting the FCC control the internet:
Reports of the imminent death of the Internet’s freewheeling ways and utopian possibilities are more wildly exaggerated and full of spam than those emails from Mrs. Mobotu Sese-Seko.
In fact, the real problem isn’t that the FCC hasn’t shown the cyber-cojones to regulate ISPs like an old-school telephone company or “common carrier,” but that it’s trying to increase its regulatory control of the Internet in the first place.
Under the proposal currently in play, the FCC assumes an increased ability to review ISP offerings on a “case-by-case basis” and kill any plan it doesn’t believe is “commercially reasonable.” Goodbye fast-moving innovation and adjustment to changing technology on the part of companies, hello regulatory morass and long, drawn-out bureaucratic hassles.
In 1998, the FCC told Congress that the Internet should properly be understood as an “information service,” which allows for a relatively low level of government interference, rather than as a “telecommunication service,” which could subject it to the sort of oversight that public utilities get (as my Reason colleague Peter Suderman explains, there’s every reason to keep that original classification). The Internet has flourished in the absence of major FCC regulation, and there’s no demonstrated reason to change that now. That’s exactly why the parade of horribles — non-favored video streams slowed to an unwatchable trickle! whole sites blocked! plucky new startups throttled in the crib! — trotted out by net neutrality proponents is hypothetical in a world without legally mandated net neutrality.
Apart from addressing a problem that doesn’t yet exist, if you are going to pin your hopes for free expression and constant innovation on a government agency, the FCC is about the last place to start. For God’s sake, we’re talking about the agency that spent the better part of a decade trying to figuratively cover up Janet Jackson’s tit by fining Viacom and CBS for airing the 2004 Super Bowl.
