Submitted by Scott Cleland on Wed, 2015-09-30 15:24
To try to justify mandating Title II utility regulation of broadband and the blocking of the Comcast-Time Warner acquisition, the Administration and FCC had to gerrymander broadband definitions to reach their political goal that wireless broadband service not be considered an official competitor to wireline broadband service.
Never mind the obvious: that the nearly three quarters of Americans who use a smartphone know that one can functionally do most everything one wants on a mobile smartphone/tablet/laptop that one can do on a wireline connection. Also never mind: tens of millions of Americans who use only wireless broadband for all their Internet needs.
To try to justify preempting State limitations of gigabit muni-broadband build-outs and its cheerleading for Government Owned Networks (GON) to politically and economically devalue commercial broadband competition, the government had to ensure that the wireless industry could not create four more very-high-speed competitors to wireline cable and telco broadband providers.
It did so by unilaterally changing Federal spectrum policy to starve and limit the amount of licensed and unlicensed spectrum available to wireless users long-term, because for smartphone users -- spectrum is speed. Limit spectrum, limit speed, to maintain the charade that wireless broadband does not compete with wireline broadband.
Submitted by Scott Cleland on Mon, 2015-09-28 18:13
The U.S. FTC has opened an antitrust probe of Google’s Android mobile operating system per Bloomberg reporting to investigate allegations that Google has anti-competitively limited competitive services on the Google-Android platform and extended its market power by favoring Google services over competitors’.
Top Ten Questions Raised by FTC’s Google-Android Probe
Submitted by Scott Cleland on Fri, 2015-09-25 10:03
It is timely to fact check the Federal Government’s storyline that broadband is a ‘core utility,’ given a new White House report that directs municipalities that broadband is a “core utility… like water, sewer and electricity;” and given that a senior FCC official recently encouraged local municipalities at the NATOA conference to build their own local broadband infrastructure with the FCC’s backing now that the FCC has claimed the legal authority to preempt State laws limiting municipal broadband.
Submitted by Scott Cleland on Wed, 2015-09-23 11:28
The juxtaposition of Google tacitly accusing the EU with “digital protectionism” and “discrimination” as the EU’s Digital Chief, Günther Oettinger, visits D.C. and Silicon Valley, while the Google-created Internet Association this week asks for U.S. protection from ISP “discrimination” in an appeals court brief in support of the FCC’s Open Internet order – exposes exceptional hypocrisy.
Antitrust and privacy regulators around the world weren’t born yesterday. They know Google and its online platform allies want it both ways – manipulating policy to advantage them and disadvantage their potential competitors.
Submitted by Scott Cleland on Fri, 2015-09-18 11:08
How many times is it “reasonable” for any agency to assert that their core legal arguments are “reasonable” before they sound unreasonable? A few? Several? A dozen?
Of the 19 core statutory arguments in the summary defense of the FCC’s Open Internet order, TWELVE defend the order by declaring the FCC’s legal judgment was “reasonable.”
When arguing in court that the FCC has the statutory authority to common-carrier-regulate the Internet for the first time, shouldn’t the FCC be able to declare at least once in their summary defense: “the law says,” “precedent supports,” or at least “Congress intended?”
Submitted by Scott Cleland on Thu, 2015-09-17 12:10
Submitted by Scott Cleland on Mon, 2015-09-14 18:15
The FCC’s latest legal brief defending its Open Internet Order, will represent the FCC’s “strongest possible” legal arguments for its Title II net neutrality case – a vainglorious legal fortress.
In reality, the FCC’s legal case is closer to a magnificent beach sandcastle.
Its downfall will be that its case is sand, on top of a sand foundation -- that won’t be able to weather the elements intact.
Consider some of the elements the FCC’s sandcastle legal case must withstand.
The term “net neutrality,” or direct Congressional authority to mandate the FCC’s concept of “net neutrality,” is not found in law.
Submitted by Scott Cleland on Fri, 2015-09-11 17:24
Submitted by Scott Cleland on Tue, 2015-09-08 22:27
“Cyber systemic risk” is Internet-driven risk that threatens to destroy the business viability of industry ecosystems.
While cybersecurity risk may be the familiar and recognizable type of cyber systemic risk, it is only recognizable like the tip of an iceberg is recognizable, because most cyber systemic risk lurks well out of view, deep beneath the surface in the ocean of virtual ones and zeros.
“Cyber systemic risk” generally is the Internet version of the financial crisis’ hard lesson of “systemic risk,” where the world learned that risks or disruptions to one or a few financial institutions could cascade to become risks or disruptions to the broader financial ecosystem. That’s because the inherent inter-linkages and inter-dependencies of financial institutions’ debt and liquidity exposed the then underappreciated fragility of the interwoven financial system.
The financial crisis exposed the need and the requirement for corporations to be more vigilant concerning enterprise risk management (ERM). Consequently the next crisis exposing enterprise risk is less likely to happen from a replay of known financial systemic risks, but from new unappreciated or ignored cyber systemic risks.
Cyber systemic risk is arguably more serious than financial systemic risk. That’s because the Internet inherently is: the most inter-linked, inter-dependent, intermediary system ever created; an insecure and un-private system; and more centralized and concentrated at the top than the financial ecosystem.
Submitted by Scott Cleland on Mon, 2015-09-07 18:11
Please don’t miss my latest Daily Caller op-ed:” Presidential Candidate Lawrence Lessig’s Far Left Net Neutrality Agenda.”