You are here
Submitted by Scott Cleland on Wed, 2015-05-27 10:05
The FCC brief unwittingly: exposed a glaring internal inconsistency with the FCC’s Open Internet Order; spotlighted its arbitrary and capricious decision-making; and exposed a big mistake in its legal strategy.
If the D.C. Circuit Court of Appeals panel rules on the legal merits of the industry’s petition, it remains very likely they will grant a partial stay of the Title II reclassification part of the FCC’s Open Internet Order.
Submitted by Scott Cleland on Thu, 2015-05-14 15:38
Based on the latest best arguments this week from both the FCC and broadband petitioners, the D.C. Circuit Court of Appeals is very likely to partially stay the FCC Open Internet Order’s reclassification of broadband as a Title II service and imposition of a new Internet conduct standard -- in the coming weeks.
Submitted by Scott Cleland on Mon, 2015-05-04 19:15
In the coming weeks, expect the D.C. Court of Appeals or the Supreme Court to grant a partial stay, of only the FCC’s Title II reclassification of broadband and its new “Internet conduct standard” (not the FCC’s net neutrality prohibitions of blocking, throttling or paid prioritization), even though stay requests normally have a low probability of success, because petitioners must convince the court that they are likely to win on the merits and that the opposed action will cause irreparable harm.
Submitted by Scott Cleland on Mon, 2015-04-27 10:01
Will the FCC create an Internet “Do Not Track” list like the FTC created the “Do Not Call” list enjoyed by three quarters of Americans?
In ruling the Internet to be subject to common carrier consumer protection law, the Obama FCC’s recently passed Open Internet Order applied common carrier privacy law (Section 222) to Internet telecommunications as part of the FCC’s unilateral efforts to modernize communications law for the 21st century.
The Obama FCC’s Open Internet Order also ruled that the Internet now encompasses the Public Switched Telephone Network (PSTN) and that an IP address is the functional equivalent of a telephone number.
Thus, logically it could follow that information that’s considered legally private in the telephone world now could be considered legally private in the Internet world.
This central consumer protection question should come up this week as the FCC hosts a Section 222 public workshop to explore the FCC’s “role in protecting the privacy of consumers who use” the Internet.
What is Section 222?
It is a common carrier provision of the Communications Act entitled “Privacy of Customer Information.”
Submitted by Scott Cleland on Fri, 2015-04-24 11:10
The US-EU “competition” of protectionist digital industrial policies -- U.S. Title II net neutrality vs. the EU’s emerging “platform neutrality” plans -- creates an ironic backdrop to negotiations for the US-EU Transatlantic Trade and Investment Partnership (TTIP) “free” trade agreement. Heightening the irony, the Obama Administration, not the European Commission, has been the protectionist digital industrial policy leader, trailblazing the political path for the EU’s Single Digital Market to follow.
At least on the digital markets front, TTIP will be much less a commercial “free” trade negotiation and much more a political “fair” trade negotiation.
The U.S. has long set the tone and trajectory for this digital “fair” trade dynamic in championing net neutrality to protect its Silicon Valley national champions, Google, Facebook, Amazon, Apple, Netflix, etc., and by skewing antitrust enforcement to benefit Google and Silicon Valley.
Submitted by Scott Cleland on Fri, 2015-04-10 13:30
The New York Times’ editorial, “Global Threats to Net Neutrality,” scolds the world for not following the FCC’s nationalistic concept of net neutrality.
They feign shock and indignation that Europe and India would dare think of politically doing what the FCC has done and impose their own national industrial policies -- under the convenient political cover of “net neutrality.”
America’s elites naively imagine that other countries’ authorities don’t “get the joke” of the FCC’s politically-contrived net neutrality policy.
Other countries’ authorities are not as gullible and pliant as American elites imagine them to be.
They know “net neutrality” has become an increasingly vacuous political slogan, whose definition conveniently changes meaning like a chameleon changes colors.
They know the FCC is pressuring them to do as the FCC says and not as the FCC does on net neutrality.
Submitted by Scott Cleland on Thu, 2015-03-26 10:54
Please read my latest Daily Callerop-ed entitled: “Unnecessary Collateral Damage from FCC Title II Internet Regulation.”
It explains why collateral damage will begin to pile up because the FCC’s Title II Internet regulation is so destructive and unnecessary.
FCC Open Internet Order Series
Part 1: The Many Vulnerabilities of an Open Internet [9-24-09]
Submitted by Scott Cleland on Wed, 2015-03-25 16:52
How Consumers, Innovation & Business Will be Collateral Damage of FCC's
Date: March 26, 2015
Location: House Rayburn Building 2218
Time: 2:00 PM - 3:30 PM
Moderator: Scott Cleland, NetCompetition
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: