Downes’ 7 Deadly Sins of Internet Reclassification

Larry Downes focused his most recent paper on the “7 Deadly Sins” the FCC is embarking upon while it continues to push outdated 1934 style laws on a stable, well-working broadband Internet platform. A few weeks ago, in a San Francisco Chronicle opinion, Downes draws the conclusion that, “reclassification would impose onerous “common carrier” rules on network operators, rules that predate the invention of computers. It would open the door to micromanagement of the broadband industry, new consumer taxes and the chance state and local regulators have been waiting for to get into the rule-making game.”

In the newest of Downes’ documents, he takes an even closer look at the proposals in the FCC’s Notice of Inquiry (NOI) finding some rather alarming details for an even broader agenda to regulate the Internet. He calls the FCC proposal the “most dangerous expansion of federal power since the end of the Civil War.” Below are the “Seven Deadly Sins of Title II Reclassification (NOI Remix)”:

Pride: As the FCC attempts to define what services would be subjected to reclassification, the agency runs the risk of both under- and over-inclusion, which could harm consumers, network operators, and content and applications providers.

Lust: The agency is reaching out for additional powers beyond its reclassification proposals — including an effort to wrest privacy enforcement powers from the Federal Trade Commission and putting itself in charge of cybersecurity for homeland security.

Anger: The “Third Way” may dramatically expand the scope of federal wiretapping laws, requiring law enforcement “back doors” for a wide range of products and services.

Gluttony: Reclassifying broadband opens the door to state and local government regulation, which would overwhelm Internet access with a deluge of conflicting, and innovation-killing, laws, rules and new consumer taxes.

Sloth: As the FCC looks for a legal basis to defend reclassification, basic activities — such as caching, searching, and browsing — may for the first time be included in the category of services subject to “common carrier” regulation.

Vanity: Though wireless networks face greater challenges from the broadband Internet than wireline networks, the FCC seems poised to impose more, not less, regulation on wireless broadband.

Greed: Reclassification of broadband services could vastly expand the contribution base for the Universal Service Fund, adding new consumer fees while supersizing this important, but exceedingly wasteful, program.

Leave a Reply

You must be logged in to post a comment.

2012 NextGenWeb.org. All Rights Reserved