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Power Grab Net Neutrality
by Andrew McCaskey
Power In the Guise of Net Neutrality
The Electronic Frontier Foundation is throwing some wet towels on the FCC’s initiatives on Net Neutrality. Not at all for the concept of insuring equal access to the internet, or preventing ISP’s from artifically introducing tiered services for selected deep pocket customers – but rather how the FCC derives such authority.
Specifically, Congress has never authorized the FCC to regulate the internet. Telephony, yes. Wireless, yes – but the FCC has extended it’s reach on the basis of “ancillary jurisdiction” – and in the words of the EFF ” a position that amounts to ‘we can regulate the Internet however we like without waiting for Congress to act’. That’s a power grab – and it will set a precedent that will live on long after this administration. Net neutrality regulations (something we might like) today, it could just as easily be invoked tomorrow for any other Internet regulation that the FCC dreams up (including things we won’t like).
The EFF goes on to suggest that in the future, politically driven “Internet decency”, or “Lawful Use Only” rulings could slip by, outside of any Congressional mandate.
This is way too important not to have Congress explictly say that the FCC is authorized to regulate in matters of Net Neutrality, but is limited to the will of Congress in other Internet matters.
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