Submitted by Scott Cleland on Mon, 2015-03-16 11:48
Expect the FCC’s new Open Internet Order’s assertion of Title II authority ultimately to be rejected in court (90%), because of its core illegal confiscatory purpose and its serial ends-justify-the-means trampling of due process.
The FCC’s Title II legal defense is a “modern” day version of “the Emperor has no clothes” fable, where the vain FCC confidently parades in public clothed in the legal fabric that utopian legal alchemists have convinced the FCC is invisible only to those who are “hopelessly stupid” or “unfit for their positions.” Sadly, this emperor (the FCC) has no clothes (sustainable legal case).
Submitted by Scott Cleland on Thu, 2015-03-12 13:14
FOR IMMEDIATE RELEASE
March 12, 2015 Contact: Scott Cleland 703-217-2407
History Will Judge the FCC’s Regulation of the Internet as the FCC’s Biggest Mistake Ever
The FCC’s Order is Unlawful, Unconstitutional, Unwarranted, Unnecessary & Unworkable
WASHINGTON D.C. – The following may be attributed to Scott Cleland, Chairman of NetCompetition:
Submitted by Scott Cleland on Wed, 2015-03-11 11:04
On February 26th, the FCC executed President Obama’s call to “implement the strongest possible rules” to regulate the Internet as a telephone utility under “Title II” of the Telecommunications Act.
Legally, the result of this “reclassification” was for President Obama and the FCC to assert regulatory jurisdiction over the Internet ecosystem, creating a de facto American “Digital [Internet] Single Market” industrial policy, like the European Commission is in the process of creating for the European Union.
Legally, America now has a single digital telecommunications/Internet market/ecosystem because the FCC is effectively reclassifying Internet traffic as Title II telecommunications and Title II is a holistic, end-to-end, 1934 regulatory regime designed for the FCC to decide most everything in the assumed monopoly telecommunications ecosystem from originating and terminating local access, long distance, phone and network equipment manufacturing, directories, etc.
Submitted by Scott Cleland on Thu, 2015-03-05 19:07
Please don’t miss my Daily Caller op-ed: “How America Protects National Champion Google in the EU”
Google Unaccountability Series
Part 0: Google's Poor & Defiant Settlement Record [5-1-12]
Part 1: Why Google Thinks It Is Above the Law [4-17-12]
Submitted by Scott Cleland on Mon, 2015-03-02 21:51
Link to full White Paper -- here.
The FCC’s Open Internet Order, which reclassified the commercial Internet as a Title II utility, is very likely (80%) in the end, to be overturned in court – for a third time.
The FCC’s legal theory and many core assumptions are so aggressive, it’s clear that the FCC expects, and needs, continual and maximal deference from the court to prevail. The FCC also requires the courts to view the FCC’s most aggressive assertion of unbounded authority ever, as a mere administrative interpretation of ambiguous law, and not a political bypass of Congress and the 1996 Telecom Act.
Submitted by Scott Cleland on Sun, 2015-03-01 14:41
I was asked to speak at CPAC 2015 on a February 28thpanel at National Harbor on Google entitled: “The United States of Google: Big Brother & Big Data” with Seton Motley of Less Government and Erik Telford of the Franklin Center for Government and Public Integrity.
My power point presentation, “Google’s Anti-Conservative Values,” for the first time contrasted the traditional conservative values of the American Conservative Union with Google’s values.
Below is an outline of my remarks:
Google Has Anti-Conservative Values
Submitted by Scott Cleland on Thu, 2015-02-26 13:44
FOR IMMEDIATE RELEASE
February 26, 2015
Contact: Scott Cleland 703-217-2407
Strike Three in Court? FCC’s Rube Goldberg Legal Theory is Contrived, Arbitrary & Unbounded
Submitted by Scott Cleland on Tue, 2015-02-24 08:49
Please don’t miss my latest Daily Caller op-ed – “The FCC’s Predictable Fiasco of Internet Utility Regulation.”
This Internet policy foundation U-turn predictably will set in motion a chaotic cascade of other supporting policy U-turns over time.
FCC Open Internet Order Series
Part 1: The Many Vulnerabilities of an Open Internet [9-24-09]
Submitted by Scott Cleland on Thu, 2015-02-19 11:05
Last November, President Obama effectively abandoned America’s longstanding free trade Internet policy established by President Clinton, in favor of a protectionist Internet industrial policy to benefit America’s national champions, Silicon Valley, under the guise of “net neutrality” policy.
Flipping U.S. Internet policy from global digital free trade to maximal national Internet regulation could end up hurting Silicon Valley the most, because they most benefit from, and depend on, the current free flow of information globally on the Internet.
Ironically, America also is forfeiting the digital free trade policy high ground by leading the world toward a “Splinternet” vision of more nationalistic maximal utility regulation of the Internet and its content.
In particular, it will be much harder for the U.S. to credibly object that the EU’s: creation of a European Digital Single Market (DSM), tightening of the EU-U.S. Data Protection Safe Harbor, and its aggressive enforcement of EU antitrust, privacy, and tax laws against Google, Amazon, Facebook and Apple, is protectionist, when America’s new FCC utility regulation of the Internet is a transparently protectionist American industrial policy to advantage America’s national champions in Silicon Valley.
Submitted by Scott Cleland on Tue, 2015-02-17 19:29