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A Free and Open Internet that Can’t Be Allowed to Be Free and Open?


You know there are big problems with the so called “principle” of net neutrality when the New York Times writes an editorial headlined “Why Free Can Be a Problem on the Internet” and their editorial has nothing to do with protecting consumers’ privacy/safety or protecting content from piracy, but it is only about the potential problem of consumers enjoying free Internet content for marketing purposes!

What a scandal! Someone call the FCC! Innovative commerce is happening on the Internet!

Few things make net neutrality activists look sillier, more nonsensical and hypocritical than their knee-jerk somber opposition to innovation in broadband pricing and marketing via differential pricing, sponsored data, zero-rating plans or other creative and experimental pricing or marketing plans – that all naturally result from a highly competitive wireless market.

Net Neutrality Trumping Privacy Undercut the US-EU Data Safe Harbor

Please don't miss my latest Daily Caller Op-ed, “Net Neutrality Trumping Privacy Undercut the US-EU Data Safe Harbor.”

  • It is proof positive of the law of unintended consequences coming home to roost for the U.S. Government.



Google Buys Jibe to Force Android as Web’s Default Means of Communications

Don’t miss the sweeping antitrust, privacy, security, and EU-U.S. Data Safe Harbor ramifications of Google-Android’s power grab and highly-strategic acquisition last week of Jibe Mobile’s “Rich Communications Suite” (RCS), the world’s leading, mobile-carrier, messaging platform/standard.


Simply, Google has just acquired the single missing strategic piece holding Google back from being able to centralize the recording, data transfer and analysis of most global mobile communications like it has already centralized the collection, data transfer, and indexing of the world’s digital information.

Google’s Internet Association Hypocritically Begs Digital Protectionism

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.

The FCC’s Reasonable Unreasonableness? – A Satire

The FCC’s 218 page “brief” defending its Open Internet Order begs a big question.

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?”  

The FCC Built its Net Neutrality House on Legal Sand

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.

Presidential Candidate Lessig’s Far Left Net Neutrality Agenda -- My Daily Caller Op-ed


Please don’t miss my latest Daily Caller op-ed:” Presidential Candidate Lawrence Lessig’s Far Left Net Neutrality Agenda.”

  • It explains the central part net neutrality plays in his Presidential candidacy and it also poses two relevant accountability questions about whether or not Mr. Lessig’s net neutrality movement has respected his call for getting big moneyed interests out of America’s political process.  


America’s Upside Down Cyber-Priorities – My Daily Caller Op-ed

Please don’t miss my latest Daily Caller op-ed entitled “America’s Upside Down Cyber-Priorities.”

  • It spotlights the national travesty of the government prioritizing net neutrality openness to the detriment of cybersecurity and a more secure Internet.


Unlicensed Spectrum Needs No New FCC Regulation

Everyone should have the freedom to innovate and compete in America, the land of opportunity.

There should be no innovation or competition double standard where government politically picks winners and losers by rigging competition via denying some companies the freedom to innovate and compete spectrally while granting it to their competitors.

With radio spectrum, America has created different but symbiotic spectrum models. One is licensed spectrum where spectrum for exclusive use is auctioned to the highest bidder. The other is unlicensed spectrum where anyone is free to share the same spectrum if they play nice and do not interfere with other spectrum sharers’ use. These models have never been either/or; they have always been free and open to use separately or together to maximize innovative, commercial, and competitive opportunity.    

The FCC’s Title II Trifecta Gamble -- My Daily Caller Op-ed

Please don’t miss my latest Daily Caller op-ed: “FCC’s Title II Trifecta Gamble.”

  • It explains why the FCC’s Title II trifecta bet politically and legally could not be more risky.



Q&A One Pager Debunking Net Neutrality Myths