FCC’s Net Neutrality Rules: A First Amendment Offense
This November rules the FCC adopted December 21, 2010 governing “network neutrality” go into effect. Under these rules, FCC will lord over the net, exercising its subjective discretion to second guess the decisions of the private owners of internet wires on the propriety of their charges, the speed of content carriage, the nature and extent of interconnectivity, and the exclusion of content. FCC lacks statutory authority under the Communications Act for extending its jurisdiction over the internet, but in a classic power grab it has done just that. This is the agency’s regulatory toe in the door. If history is our guide, FCC will use that opening to insinuate itself into all manner of private structural and content based decisions made by internet wire owners.