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Why Professor Crawford Has Title II Reclassification All Wrong

Recently the leading public voice of Title II reclassification of broadband, Harvard Law Professor Susan Crawford, assertedAll the FCC has to do is change their mind and say, ‘We got it wrong.’ [The FCC] has ample political congressional authority to do that, this is just a political battle. The FCC is concerned that if it acts to carry out this administrative relabeling, it will lose half its budget and half its staff.

The FCC did not get it wrong. Professor Crawford and supporters of reclassification have it all wrong.  

There are three key problems with Professor Crawford’s reclassification position:

Hear Cleland/Crawford Debate Common Carrier Regulation on WNYC Radio – 13 min

For those who want to hear some of the best arguments and rebuttals for/against Title II reclassification of broadband, please listen to the 13 minute back-and-forth between Professor Susan Crawford and I today.

  • Harvard Law Professor Crawford is the leading proponent for common carrier regulation of broadband.
  • Click here for the audio stream.

It’s a good precursor of the debate ahead. 

  • It is also part 8 of my Title II Reclassification Research Series

Title II Reclassification Series

EU’s Google Antitrust Problems are Not Going Away – My Daily Caller Op-ed

Please read my latest Daily Caller op-ed: “The European Commission’s Google Antitrust Problems are not Going Away” – here.

  • It is Part 30 of my Google Unaccountability research series.

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Google Unaccountability Series

Part 0: Google's Poor & Defiant Settlement Record [5-1-12]

Are Google Glass’ Recordings Illegal Wiretapping Too? -- Part 19 Google Spying Series

Google Glass’ easy eavesdropping on people may be illegal wiretapping.

Two courts already have ruled in different class actions that Google can be sued for illegal wiretapping for “interceptions” of personal information without meaningful consent -- in circumstances analogous to how Google Glass operates.

First, the Ninth Circuit Court of Appeals recently ruled that wiretap law prohibits the type of transmission “interception” that Google StreetView cars’ did in secretly collecting personal information from unencrypted home WiFi networks.

The De-Americanization of the Internet – My Daily Caller Op-ed

Please don’t miss my latest Daily Caller op-ed: “The De-Americanization of the Internet” -- here.  

America's dominance of the Internet has peaked. Read why and what it means. 

  • It is Part 3 of my “World Changing Internet” research series.

World Changing Internet Series

Part 1: Seven Ways the World is Changing the Internet

Part 2: Twitter’s Realpolitik & the Sovereign-ization of the Internet

 

YouTube is Ultimate a la Carte – My Daily Caller Op-ed

 

Please see my latest Daily Caller op-ed, “YouTube is Ultimate a la Carte” – here -- on Senate Commerce Committee Chairman Rockefeller’s new legislation: “Consumer Choice in Online Video Act.”

 

  • It is Part 21 of my Broadband Internet Pricing Freedom series.

 

Broadband Internet Pricing Freedom Series

 

Part 1: Netflix' Glass House Temper Tantrum Over Broadband Usage Fees [7-26-11]

 

Let’s Play Pretend: a Satire of Google’s Second EU Search Remedy Proposal

For satire to work, one has to have something to work with. Well Google doesn’t disappoint!

Please don’t miss the grins and aha-s from this playful satire -- here.

Brito & Google: BlameThePiracyVictims.org – Part 17 Google Disrespect for Property Series

A more apt name for Jerry Brito’s new website, PiracyData.org, would be BlameTheVictims.org.

In a tweet trumpeting the purpose of PiracyData.org, Mr. Brito exclaimed: “Here’s why Hollywood should blame itself for its piracy problems – [link] Thx to @binarybits[Wash-post blogger] for this write up!

5 BIG Implications from Court Signals on Net Neutrality – A Special Report -- Part 34 FCC Open Internet Order Series

Economic rationality, competition, and broadband pricing freedom are the big winners, and common carrier-like net neutrality was the big loser, if the Appeals Court panel decides Verizon v. FCC as expected.

Monday’s intense tag-team grilling of the FCC’s lawyer by Judges Tatel and Silberman left most observers thinking the Court will decide it is illegal for the FCC to impose common-carrier-like regulation on broadband providers -- regardless of what else they decide.  

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Q&A One Pager Debunking Net Neutrality Myths