My Computer Mechanic

UPDATE: Net Neutrality -- Legislating by Regulating

FCC Chairman Julius Genachowski has been accused of wanting to give "the federal government control over all aspects of the Internet."

On December 21, 2010 the FCC voted 3-2 on a strictly party line vote (3 Democrats, 2 Republicans) to enforce Net Neutrality on every Internet Service Provider in the United States. This vote was in spite of the previous ruling by the Supreme Court that the FCC does not have the authority to regulate the Internet without legislation being enacted by the Congress to give them this authority.

Rather than waiting for Congress to act and give the FCC the authority to regulate the Internet, they are going ahead and doing it anyway. Others have called this: Legislating by Regulating.

The simple definition of Net Neutrality is that it is a policy in which the federal government has the authority to regulate the way Internet Service Providers handle the traffic that flows over their infrastructure. In other words, the federal government is regulating the Internet.

Anger is rising on Capitol Hill. Rep. Mike Rogers, (R) Michigan who is on the House Energy and Commerce Subcommittee on Communications, Technology and the Internet complained that the December 21st vote is poorly timed and gives "Congress and the public little time to review a regulation that has an impact on one-sixth of the nation's economy." Where have we heard this before about actions by the Obama Administration?

Rep. Fred Upton, another Michigan Republican and now chairman of the House Energy and Commerce Committee, sent a letter to the FCC asking it "to cease and desist" in its effort to regulate the Internet, which it "does not have authority" to do. He goes on to say in his letter, "Our new majority will use rigorous oversight, hearings and legislation to fight the FCC's overt power grab."

Few congressmen from either party on Capitol Hill like what Genachowski is trying to do, which is both regulate beyond government's authority and bypass the legislative process in doing so.

On Thursday, January 20, 2011, Verizon Communications filed a legal challenge to the "Net Neutrality" regulations. In a filing in federal appeals court in the District of Columbia, Verizon argues that the FCC is overstepping its authority. The court challenge has been widely expected. In a statement, Verizon said that while it is "committed to preserving an open Internet," it remains "deeply concerned by the FCC's assertion of broad authority for sweeping new regulation of broadband networks and the Internet itself."

This is a solution trying to find a problem. Ask yourself, two questions: 1.) Have you ever had a problem getting the information you need over the Internet or using any website you wanted to on the Internet? 2.) Do you really want the Internet subject to the government's regulatory hand and political influence?

The final question, why would the Obama Administration want to regulate the Internet? The Internet is in no need of supervision from Washington. It is an energetic, broadly accessible market place. Expression is wide open on the Internet, and commerce thrives there. It has evolved intelligently on its own. Giving the Internet over to a bureaucrat's or politician's sense of fairness is not only unnecessary, it's counterproductive!