u-Bob |
12-26-2010 11:02 AM |
Against Net Neutrality
by Stephan Kinsella:
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In recent years the ?Net Neutrality? movement has gained steam. This is an effort by various statists, interventionists, do-gooders, meddlers, and techno-ignoramuses who seek to have the government forbid network providers (e.g. cable companies, telcos, and wireless carriers) from selectively blocking certain types of Internet use?for example, to require companies to give Web users equal access to all content, even if some of that content is clogging the network. Of course, as I noted on A Libertarian Take on Net Neutrality, the network neutrality movement is unlibertarian. There is nothing wrong with price discrimination or with charging different prices for different levels of service. As some anti-corporatist types are only too eager to point out, without state intervention the major telcos might well not have as much monopolistic power as they currently do. But it doesn?t make much sense to urge that the state engage in further intervention to fix the problem of previous state intervention. It is state intervention that is the problem.
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A Libertarian Take on Net Neutrality
The cool, hip techno-pundits are usually reliably Obama-liberal/libertarian-lite types. A bit California-smug, engineer-scientistic, anti-principle, anti-?extreme.? But okay overall. A soft, tolerant, whitebread bunch.
On the last This Week in Tech, I was pleasantly surprised to hear the always interesting Jason Calacanis voice support for nuclear power; and even more surprised to hear soft-liberal host Leo Laporte echo mild agreement with this. Good for them!
But then they had to revert to form when they, along with Natali Del Conte and Patrick Norton expressed unanimous disapproval of McCain?s Internet Freedom Act, since they are all??of course??in favor of net neutrality rules imposed by the FCC. McCain?s proposed statute would block the FCC?s proposed net neutrality rules, which would forbid network providers (e.g. cable companies, telcos, and wireless carriers) from selectively blocking certain types of Internet use.
Got that? The techno-pundits are against regulation (by cable companies) ? so they favor regulation (by the FCC) of the cable companies ? so they oppose government legislation regulating a government agency. They sit there fuming about how disgusting McCain?s draft legislation is. So they see that the state is terrible. Yet it doesn?t occur to them that it might be a bad idea to trust the government to oversee the Internet. They are against regulation of the Internet, so they support ceding power to the government to ? decide how and whether the Internet should be regulated. It doesn?t occur to them that we should simply favor property rights, individual freedom, and the free market. The closest any of them come to this position is John Dvorak, who has a libertarian and contrarian streak, and who often observes on TWIT that there?s nothing wrong with tiered pricing?charging more for a fatter pipe, etc.Is ?no regulation of network providers? the libertarian position? It clearly would be if the network providers were purely private. In the libertarian view private property owners determine how their property may be used. There is no ?right? to access the Internet. A private network provider ought to be able to offer service on whatever terms he wants; and consumers to accept or reject it. Tiered services, deep packet inspection, prohibition of certain types of uses or even certain types of content?that?s up to the providers and customers and whatever deal they agree to. We libertarians believe in ?capitalist acts between consenting adults,? to use Nozick?s phrase (see Rothbard?s earlier formulation).
But because of various degrees of corporatism?state favors and protectionism, tax funding of infrastructure, etc.?the service providers are arguably not 100% private. But the solution is not to regard them as essentially part of the state and thus fair game for regulation, but to pair our call for no state regulation of the Internet (no net neutrality regulations) with a call for the abolition of all forms of corporatism, such as various laws that work out protecting larger companies (tax funded subsidies, IP law, wage and hour legislation, mandatory worker benefits, labor union legislation, minimum wage, incorporation statutes [note: this does not mean I think that limited liability is a privilege conferred by the state on corporations], and so on).
This is my take, anyway. I am not aware of much informed libertarian analysis on the net neutrality issue. Kevin Carson pointed me to Jim Lippard as ?one of the better libertarian writers on net neutrality??I?ll have to take a deeper look, but from a quick glance I?m not sure he?s a libertarian; here he writes, e.g., ?providers shouldn?t be able to block access to competitors? services??should be able? This seems to presuppose the legitimacy of an overarching state regulation, which is certainly not libertarian.
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by Corynne McSherry:
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Is Net Neutrality a FCC Trojan Horse?
On Thursday, Federal Communications Commission (FCC) Chairman Julius Genachowski is expected to unveil draft rules aimed at imposing network neutrality obligations on Internet Service Providers (ISPs). In the excitement surrounding the announcement, however, many have overlooked the fact that the this rulemaking is built on a shoddy and dangerous foundation ? the idea that the FCC has unlimited authority to regulate the Internet.
Genachowski has announced that the draft regulations will require ISPs to abide by the "Four Freedoms" set forth in the FCC's 2005 Internet Policy Statement, as well as the additional principles of nondiscrimination and transparency. EFF strongly believes in these six principles. Our work speaks for itself: we are developing software tools to Test Your ISP in the wake of uncovering Comcast?s meddling with BitTorrent traffic, seeking a DMCA exemption to let you run applications of your choice on your mobile phone, and fighting Hollywood?s efforts to force DRM restrictions into your television.
But Congress has never given the FCC any authority to regulate the Internet for the purpose of ensuring net neutrality. In place of explicit congressional authority, we expect the FCC will rely on its "ancillary jurisdiction," a position that amounts to ?we can regulate the Internet however we like without waiting for Congress to act.? (See, e.g., the FCC's brief to a court earlier this year). That?s a power grab that would leave the Internet subject to the regulatory whims of the FCC long after Chairman Genachowski leaves his post.
Hence the danger. If ?ancillary jurisdiction? is enough for 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). For example, it doesn't take much imagination to envision a future FCC "Internet Decency Statement." After all, outgoing FCC Chairman Martin was a crusader against "indecency" on the airwaves and it was the FCC that punished Pacifica radio for playing George Carlin?s ?seven dirty words? monologue, something you can easily find on the Internet.
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