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Submitted by Scott Cleland on Wed, 2011-11-30 12:04
The likely passage of online anti-piracy legislation (SOPA/PIPA) in 2012 has put a spotlight on the substantial ad-based business interests aligned with piracy and against piracy enforcement.
See my Forbes Tech Capitalist post here to learn why Grand Theft Auto-mated is such big business and so anti-piracy enforcement.
Submitted by Scott Cleland on Thu, 2011-11-10 13:39
The Senate's 52-46 rejection of the Resolution of Disapproval of the FCC's net neutrality regulations (after the House voted differently 240-179 to disapprove last spring), is a classic pyrrhic victory for net neutrality proponents in two big ways.
First, the issue put the FCC on the political radar screen of every Member of Congress, and not in a good way.
For several hours the Senate debated and then officially voted on whether the Constitutionally-authorized Congress should be the entity to effectively establish new Internet law, or whether unelected FCC commissioners with no direct statutory authority from Congress should be able to effectively establish new Internet law and effectively claim boundless unchecked regulatory power whenever they see fit.
Supporters of the FCC were put in the very awkward position of politically having to defend a constitutional/legal position that:
Submitted by Scott Cleland on Mon, 2011-11-07 17:47
As the Senate prepares to vote on the fate of the FCC's net neutrality regulations this week, it's instructive to look more closely at the politics of regulating the Internet.
Read my Forbes Tech Capitalist post here.
Submitted by Scott Cleland on Wed, 2011-11-02 18:56
Submitted by Scott Cleland on Mon, 2011-10-24 11:26
Submitted by Scott Cleland on Thu, 2011-10-06 18:16
Since the D.C. Circuit Court of Appeals was selected to hear appeals of the FCC's Open Internet Order -- it is now even more likely that the FCC's net neutrality regulations will be overturned in court as unlawful and/or unconstitutional.
The D.C. Circuit is the Appeals Court that traditionally hears cases involving independent regulatory agencies like the FCC, so the D.C. Circuit Judges are very familiar with both the limits of the FCC's statutory authority and the FCC's proven penchant for trying to overreach their statutory authority.
In a nutshell, the FCC's legal case stands on two very slippery assumptions.
Submitted by Scott Cleland on Fri, 2011-09-30 18:19
See my Forbes Tech Capitalist post here "Why Verizon Wins Appeal of FCC's Net Regs."
Submitted by Scott Cleland on Mon, 2011-03-14 16:35
It will be surprising if the Republican FCC Commissioners and a bipartisan majority of Congress do not oppose the FCC's unwarranted war on wireless competition policy.
The linchpin of the FCC's de-competition policy to restore the FCC to its pre-1996 monopoly regulation glory days, and to put the FCC in more control of the communications sector going forward, is to politically define away the existence of "effective competition," in order to justify FCC regulation of the mobile Internet.
Submitted by Scott Cleland on Mon, 2010-12-13 12:11
As the FreePress-led letter to the FCC made clear on Friday: "Paid prioritization is the antithesis of openness. Any framework that does not prohibit such economic discrimination arrangements is not real net neutrality."
What is "paid prioritization?"
Remember FreePress' last Uneconomics 101 lesson was that "above-cost pricing" was an "unfair business practice."