Is FCC Declaring ‘Open Season’ on Internet Freedom?
by Scott ClelandThe FCC, in proposing to change the definition of an “open Internet” from competition-driven to government-driven is setting a very dangerous precedent; that it is acceptable for countries to preemptively regulate the Internet for what might happen in the future, even if they lack the legitimacy of constitutional or legal authority to do so, or even if there is thinnest of justification or evidence to support it.
How can we ever hope to influence China, Iran and other undemocratic regimes to provide more Internet access and freedom to their citizens and businesses when our FCC is proposing a radical take back of existing Internet freedoms without legitimate authority or justification?
The grave mistake the FCC is making in the broader international context is claiming that private companies are the primary threat to Internet freedom and free speech, and not governments. History and common sense tell us only Governments have the effective coercive power to dictate real censorship.
The FCC is effectively declaring “open season” on well-established Internet freedoms.
It is perversely providing legitimacy, justification and political cover for undemocratic countries like China and Iran to hunt down dissidents online and censor free speech while using the Orwellian doublespeak of regulating to “preserve an open Internet.” Undemocratic regimes are always looking for “openings” and excuses to further crack down on their people’s freedom of speech and assembly. Surely, the FCC must appreciate that internationally, actions speak louder than words.
The U.S. has a unique responsibility to not screw up the Internet’s freedoms. As the country that invented, privatized and promoted a free, open and competitive Internet, the world has long taken its cue from America on Internet policy. President Clinton whose administration oversaw the privatization of the Internet, said:
For electronic commerce to flourish, the private sector must continue to lead. Innovation, expanded services, broader participation, and lower prices will arise in a market-driven arena, not in an environment that operates as a regulated industry
The FCC’s proposed “Open Internet” regulations are illegitimate. First, they offend constitutional due process in that they assume companies are guilty of anticompetitive behavior until proven innocent; the FCC would regulate roughly 2,000 companies, for what one has admitted it did, and for what the FCC alleges another has done. Second, they offend constitutional equal protection in that they treat similar companies very unequally. Third, they offend constitutional protection against Government takings because they ban competitive companies from pursuing business models that are legal today. Fourth, they offend constitutional free speech because the FCC apparently does not agree with the Supreme Court that companies have constitutionally-protected freedom of speech.
The FCC’s proposed rules also overstep the FCC’s legal authority. Without congressional authorization of net neutrality legislation, the FCC is granting itself near limitless jurisdiction over the Internet. Moreover, the FCC’s proposed rules are arbitrary and capricious. They would arbitrarily reverse FCC precedent and factual determinations; arbitrarily move the competitive goalposts mid-game; and regulate competitive companies’ business practices more strictly than any monopoly in the last 75 years.
Further undermining America’s credibility to lead on the Internet policy going forward is that the proposed Internet regulations are not justified. They are a solution in search of a problem. The near perfect voluntary industry compliance over the last several years simply does not warrant a permanent ban on legal business behavior. To top all this off, the FCC has offered no evidence of market failure to justify regulating this competitive marketplace.
In sum, America risks both Internet freedoms and its Internet policy leadership when it proposes such a radical policy change without the legitimacy of constitutional or legal authority or the justification of facts. International Credibility 101 says: if you want others to follow your lead, be worthy of following.
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31 Comments
[...] This post was mentioned on Twitter by DRIP USA, AZ grassroots. AZ grassroots said: Is FCC Declaring ‘Open Season’ on Internet Freedom? http://bit.ly/1qjlms #dripusa #ocra #tcot [...]
"How can we ever hope to influence China, Iran and other undemocratic regimes to provide more Internet access and freedom to their citizens and businesses when our FCC is proposing a radical take back of existing Internet freedoms without legitimate authority or justification?"
This questions assumes our Dear Leader and His FCC see any reason for China and Iran to provide freedom to their citizens and businesses. The Dear Leader was just fine with Iran cracking down on those pesky demonstrators last summer.
This questions also suggets the Dear Leader and His servants believe citizens and businesses here in the US have any rights or pivileges aside from those granted by the government. Ask GM and Citibank how much freedom from government interference they have in their operations.
[...] This post was mentioned on Twitter by Big Government and Big Government, DNC Fail!. DNC Fail! said: #tcot #sgp #orca Is FCC Declaring ‘Open Season’ on Internet Freedom? http://url4.eu/mAwq [...]
So THAT'S what Obama and Jintao were talking about!
How about that "Open Internet" China has; too bad no one in China heard about it…
Obamian speak is the new "Orwellian doublespeak ".
Another stealth attack on our freedoms and a power grab by this administration. I only hope that at some point a straw finally breaks the camel's back and the MSMedia in this country snaps out of their stuper in time to stop this runaway train.
"The Dear Leader " and his minions have no afinity for freedom of the common man. As each day passes it becomes more and more clear (to some of us) what a fraud this man and his administration is. At almost every opportunity he makes the wrong choice regarding personal freedoms and liberty either at home or in other areas of the world.
He is another would-be elitist leader joining a long list discredited by history.
Yeah cracked me up when Odumbo gave the speech in China on how they should lift there firewall so a free flow of information can be achieved to there country. At the same time the hypocrite is trying to do the opposite here. Man he is so full of crap. HEAR THAT ODUMBO. You are full of crap. I am sure your minions are monitoring this site
cnn i have noticed of late, hammers hussein….lou split the popsicle stick with them,but msnbc still loves the great one. i think maybe some msmedia just might be moving over to the good guys side….whats here face you know the one that keeps cutting her upper lip when she shaves…she will die loving the hussein
[...] More here: Big Government » Blog Archive » Is FCC Declaring 'Open Season' on … [...]
The way global news has shifted away from the glass teat and the FCC to the internet has this current incarnation of POTUS and his cronies at wits end (I know short trip) with how to silence their critics. Twitter is proving itself to be too uncontrollable and far to rapid in being able to deploy "news" blurps within a heartbeat of their happening. The blogosphere is turning out to be not as progressive as they had originally hoped.
ie. Your POTUS sold American debt to China and it only cost your cooperation in everything the one-China agenda entails. Citizens of Tibet and Taiwan are no doubt jumping for joy at this very minute.
Don't call what we have now a free market. In many areas of the country, you only have one choice if you want broadband, due to government imposed monopolies.
The only time Obama cares about free speech is when someone refuses to carry one of his, otherwise it's all good according to his "Freedom CZar"
I hope youre right, but I suspec the one way suicide pact that the MSM has entered into with their Man will end as those things allways do.
If we get lucky they'll leave a note.
Progressive always mean the opposite of what they say "Net "Neutrailty" means "Net Dicatatorship" they well understand this and just hope that most people don't bother going past the tag line before they institute their change.
We "Hope" you don't notice before we get done "Changing" your country.
Another freedom is in danger of being taken away. Just who is on this FCC board? If you check, you'll see some interesting associations. Don't think for a minute you (the board) aren't being watched. We know where some of you live, too.
[...] Read the original post: Big Government » Blog Archive » Is FCC Declaring 'Open Season' on … [...]
Hack Them Before They Hack You.
You mean "Dear Reader," don't you?
Wake up america! Here is another example of why Obama has to go! He's condoning anti-American legislation that is balnting unconstitutional. He's lair and a thief! don't give me this crap about race he's just a another con man who got elected by lying his ass off! You bought it! Don't you feel stupid? Have you read any of the laws he's endorsed and has pushed for? No! well then I guess you deserve to be his slave but i've read them and I've sent he out right crap they have passed and our roights being raped and pilaged by these thugs.
The democrats have recieved staggering amount of cash in their Campaign bribes funds to kep doing what the special interests want done. In this case it's George sorros and his band of neo-nazis which include good old Al Gore who father was jailed for being a nazi in world war two! wake Up america! These politcal hacks are stealing our freedoms and and our wealth, lining thier own pockets and then give the rest to the UN and the dictators that want to destroy America all in the name of personal power and greed. Wake Up! take to the streets and don't stop til we've run this bunch of communists out of Washington and out of our country! dont' be fooled by their smilling faces they are lying, PERIOD! How's the economy working for you? If you work wall street or with Acorn or SEIU it's probably pretty good if your not with that group, it aint working. Obama can't even tell the truth about the stimulas jobs created. His people have sadded hundred of congressional districts with fake numbers and fake districts to pad the number that they can't back up and won't account for properly!
Obama is killing the economy to take over the rest of the country. If he get a hold of the internetwe will lose our voice of desent against the tyranny that is about to enfold us. It will start with the internet and then talk radio and then television and news papers. Then he'll have that new electric grid controler listening in your home to make sure you don't go talking behind his back. Wake Up America! 1984 is alive and well in 2009 and if Obama can mange it it will be your future, comrade! He cares nothing about you! Look at what he did about the Fort Hood Massacure by the MUSLIM TERRORIST! He's done nothing and in fact is activily trying to delay the proces of hanging the jack ass Muslim.
Obama is a closet MUSLIM! To leave Islam is a death sentence, so he's just pretenting to be a christian but of course his church with revenin Wright wasn't a Christian church it's a black theology church. Black Racists, reverse descrimination. attack Whity, kill the jews, anti-Ameridcan and anti-capitalist and you elected this clown. He's unfit to command and the sooner we get him and the rest of the worhtless politains replaced in Washington and prosecute Pelsoi and her gang and the republicans as well fro their lack of courage to stand up to the corruption, which make them a party to it, the better off our country will be. Elect citizen states men and kick every career politain out of office now! Save our country, save your children's future! FOR GOD SAKE ACT!!!!!!!!!!!
[...] 17, 2009 The piece below ran on BigGovernment.com today. (One-page version [...]
[...] This post was mentioned on Twitter by Dave Keys, Charlie Stone. Charlie Stone said: The Hypocrite in Chief is asking China to deregulate their internet at same time trying to regulate ours?? http://tinyurl.com/ye3ffhb [...]
ALEX JONES: WHY DON´T YOU TALK ABOUT IRON MOUNTAIN PROJECT? DON´T YOU THINK IT´S TIME TO?
More fear-mongering. The FCC is doing nothing more than ensuring that the Internet does not turn into the mainstream media.
All Conservatives should support net neutrality.
Without net neutrality, the Anti-Defamation League (ADL) will start shutting down websites.
where and when has the fcc proposed this? how hard would it be to say where he got this information? i'm not saying it's false but i wish it was that much more easily verified
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