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Net 'Neutrality' is Government Theft
Human Events ^ | September 28. 2009 | Ross Kaminsky

Posted on 10/22/2009 10:27:50 AM PDT by bamahead

To Democrats, there are only two categories into which fit all places, people and things. There are those inside of government and those outside. If something is inside, it needs to be nurtured, protected and subsidized. If something is outside, it needs to be regulated and taxed.

(And, please, no e-mails about the US military. Liberals see it as an illegitimate appendix to government and treat it accordingly.)

History’s greatest example of a world-changing system developed in an essentially unregulated environment is certainly the Internet. Despite the claims of Al Gore, the Internet was not, like the light bulb or the telephone, the invention of one person. But rather the Internet is the ultimate example of widely dispersed creativity, investment, and response to consumer demand -- the essence of Adam Smith’s “invisible hand” -- which is bettering the lives of people around the world, rich and poor, black and white, in dozens of languages, forever.

And it comes as no surprise that Democrats want to regulate it.

On Monday, Julius Genachowski, the Obama-appointed Chairman of the Federal Communications Commission (“FCC”) laid out his intention to implement new FCC rules regarding the Orwellian-named policy of “Net Neutrality.” Genachowski has an impressive, but thoroughly left-leaning pedigree, including working at the Harvard Law Review while Barack Obama was running it, clerking for very liberal judges including David Souter, and working for Obama’s presidential election campaign.

The idea of “Net Neutrality” is to prevent Internet Service Providers (“ISP”s) from being able to slow down particular internet traffic or charge more for it, even if that traffic is compromising internet service for the rest of their network’s customers. One definition of Net Neutrality is “the principle that data packets on the Internet should be moved impartially, without regard to content, destination or source.”

And while that sounds oh-so-fair on first glance, what the principle really amounts to is theft.

ISPs like Verizon, Comcast, and AT&T have spent many billions of dollars on Internet infrastructure. In fact, according to James Gattuso who studies telecommunications issues for the Heritage Foundation, AT&T claims to have invested more money into the American economic infrastructure than any other company last year, and plans to invest $18 billion in capital spending in 2009.

Net Neutrality aims to tell these firms how to operate their very valuable assets, under the guise of being “neutral”. So, for example, an ISP will not be allowed to slow down “peer-to-peer” file transfers even if they are disproportionately degrading Internet service for others. Much like our income tax system, it is reported that 10% of internet users consume 80% of bandwidth. And much like our tax system, there are those who want others to foot the bill for their costs. If ISPs can’t have policies which address the fact that bandwidth is limited and that bandwidth hogs need to be restrained so the rest of their customers can maintain adequate service, that puts them in an extremely difficult situation.

Imagine you are a private builder of toll roads who invests a billion dollars in a highway. Then the government tells you that it’s unfair for you to charge 18-wheel tractor-trailers a higher toll than you charge passenger cars despite the fact that the big trucks are responsible for the large majority of your maintenance and repair budget. What would your choices then be? Probably some combination of stopping construction of further roads, raising the prices for everyone (because the government says everyone has to pay the same price), or trying to find legally uncertain ways to game the system. The same choices will apply to ISPs under Net Neutrality.

Some proponents of Net Neutrality argue that the rules are necessary because there isn’t very much competition among ISPs. But beyond the fact that in most cities and suburbs the competition between just the cable company and the phone company is enough to keep the business intensely competitive, Genachowski also proposed applying the new rules to wireless broadband services, possibly the most competitive business in America.

As Dylan Tweney noted in an article at Wired magazine entitled “FCC Position May Spell the End of Unlimited Internet”, “AT&T has repeatedly stumbled in its ability to provide 3G wireless capacity, thanks to the unexpected popularity of the iPhone. Those difficulties lend credence to AT&T’s (and Apple’s) reluctance to allow apps like Skype and Slingplayer unfettered access to the 3G network: If the network can barely keep up with ordinary demand, just imagine what would happen if we were all live-streaming the Emmy Awards over our iPhones at the same time.”

While both the pro- and anti-Net Neutrality sides claim to be on the side of innovation, in the words of Heritage’s Gattuso, “I’m stumped to think of any government regulation which has increased rather than decreased creativity and innovation. This scheme is not made necessary by a lack of competition. It’s made to replace consumer choice with a government rule as to how traffic is to be managed. At the very least, we’ll have a slower, less efficient Internet. The government rules will be a first-come, first-served basis, but I doubt that’s the model the market would come to on its own; it’s not the model that works in most sectors of the economy.”

So why the push for “Net Neutrality”? Most of the support from the private sector is from large internet content companies which used to be truly capitalist and essentially libertarian in behavior, companies like Amazon, eBay, and particularly Google. As they add more high-bandwidth content, such as movies and music, they want to prevent ISPs from being able to charge them for using such a high percentage of available bandwidth. Instead, under the guise of “neutrality”, they’re trying to use government to prevent the owners of Internet infrastructure from being able to rationally set prices for the use of that infrastructure. In other words, they are trying to steal the ISPs property rights. Is it any wonder that almost all of Google’s political contributions go to Democrats?

According to Timothy Lee, Adjunct Scholar at the Cato Institute, there is also a technical misunderstanding by supporters of Net Neutrality. They believe that the increasing availability of new products, many of which will use higher-than-average bandwidth, will not be adequately dealt with by market forces and will eventually degrade the whole system. Says Lee, “The big problem with the argument is that they think the Internet is more fragile than it is. People have a lot of investment in the way it works now. It’s not realistic to think it will substantially change in a fundamental way. The real risk is that you end up with bureaucrats rather than entrepreneurs making technical and business decisions about how networks will work, a situation you really never want and particularly don’t need in the extremely competitive wireless sector. The Internet’s architecture will preserve what’s good about it without needing regulation.”

Another major problem with the described FCC regulations is that they include the words “reasonable” and “case-by-case” regarding how they will be enforced. Does anyone really want to trust any government, but especially this government, to determine which case is reasonable? This is the government that refused to prosecute members of the Black Panthers who were obviously intimidating voters and a government that’s doing its best to defend ACORN, all the while scheming how to put as many conservative talk radio hosts as possible out of business and hiring people who publicly state that Republicans are “a**holes.” Reasonable, indeed.

Net Neutrality regulations are not just unnecessary, but they pose a grave danger to the greatest technological advance in generations -- not to mention that they amount to theft of the ISP’s property. As Dylan Tweney points out, with the Internet, “the FCC is proposing taking a free market that works, and adding another layer of innovation-stifling regulations on top of that. This may please the net neutrality advocates who helped elect the current administration, but it doesn’t add up.”


TOPICS: Constitution/Conservatism; Front Page News; Government; News/Current Events
KEYWORDS: biggovernment; fcc; netneutrality; orwell
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This is for some who seem confused over what this policy means. I've actually seen some at FR supporting it today. The 'neutrality' moniker is as Orwellian as it gets. This is about Government takeover of ISP bandwidth management - ie: private assets and government control over terms of service - ie: the government will now define your terms of service.

There is nothing conservative about this policy. Period.

1 posted on 10/22/2009 10:27:53 AM PDT by bamahead
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To: Abathar; Abcdefg; Abram; Abundy; akatel; albertp; AlexandriaDuke; Alexander Rubin; Allerious; ...



Libertarian ping! Click here to get added or here to be removed or post a message here!
(View past Libertarian pings here)
2 posted on 10/22/2009 10:28:34 AM PDT by bamahead (Avoid self-righteousness like the devil- nothing is so self-blinding. -- B.H. Liddell Hart)
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To: bamahead

What’s the difference between this and the government limiting phone calls based on party affiliation?


3 posted on 10/22/2009 10:30:49 AM PDT by massgopguy (I owe everything to George Bailey)
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To: bamahead
This is for some who seem confused over what this policy means.

You are right about that. Even Glen Beck seems to confuse the Net Neutrality issue with the idea of Universal Broadband. Net Neutrality is, as you stated, the government telling ISPs how they must manage their bandwidth. That sounds good to a lot of people including a lot of Freepers. But it isn't a good thing because once the precedent is established that the Government has the final say in how ISPs allocate bandwidth it is a CERTAINTY that their new found power will be to allocate bandwidth in favor of their political friends. For example, Obama just might decide that all ISPs need to carry HD feeds for all "real news organizations" (CNN, MSNBC, NPR, ABC News...) but not for the "not so real" Fox News. And that won't be a recommendation, it will be an order. Trust me, that's what they want. That's where they are headed.

The bottom line: Let ISPs manage their own business.

4 posted on 10/22/2009 10:38:53 AM PDT by InterceptPoint
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To: massgopguy

This is going to be the start of out 1st amendment rights stripped from us. It is just the beginning of control over what we can write on blogs like this. They know we get truth and spread the truth on blogs, facebook, twitter and they don’t like it. This is an outrage.


5 posted on 10/22/2009 10:40:15 AM PDT by LegalEagle61 (If you are going to burn our flag, please make sure you are wearing it when you do!)
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To: bamahead
So why the push for “Net Neutrality”? Most of the support from the private sector is from large internet content companies which used to be truly capitalist and essentially libertarian in behavior, companies like Amazon, eBay, and particularly Google. As they add more high-bandwidth content, such as movies and music, they want to prevent ISPs from being able to charge them for using such a high percentage of available bandwidth. Instead, under the guise of “neutrality”, they’re trying to use government to prevent the owners of Internet infrastructure from being able to rationally set prices for the use of that infrastructure. In other words, they are trying to steal the ISPs property rights. Is it any wonder that almost all of Google’s political contributions go to Democrats?

Ping for later

6 posted on 10/22/2009 10:40:16 AM PDT by Alex Murphy ("Though He slay me, yet will I trust Him" - Job 13:15)
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To: bamahead

BUMP for later reading


7 posted on 10/22/2009 10:41:20 AM PDT by paulycy (Predatory Pricing = Public Option = Unethical Competition .)
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To: rdb3; Calvinist_Dark_Lord; GodGunsandGuts; CyberCowboy777; Salo; Bobsat; JosephW; ...

8 posted on 10/22/2009 10:42:09 AM PDT by ShadowAce (Linux -- The Ultimate Windows Service Pack)
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To: LegalEagle61

Didn’t it just pass? Even without having made the rules for it yet!


9 posted on 10/22/2009 10:53:12 AM PDT by Freddd (CNN is not credible.)
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To: bamahead
Despite the claims of Al Gore, the Internet was not, like the light bulb or the telephone, the invention of one person.

No, it was the invention of many people working on government projects.

I've actually seen some at FR supporting it today. The 'neutrality' moniker is as Orwellian as it gets.

True net neutrality is the history of the Internet. Bits flow regardless of content at the ISP and backbone level. Some traffic shaping has been employed, but that was only to maximize the efficiency of the system, not discriminate based on content. This is a reason why the Internet is what it is today. Net neutrality means exactly that: neutrality, do nothing.

Any other mandates to do something the Democrats stick on top of that are not net neutrality.

10 posted on 10/22/2009 10:59:00 AM PDT by antiRepublicrat
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To: bamahead
companies like Amazon, eBay, and particularly Google. As they add more high-bandwidth content, such as movies and music, they want to prevent ISPs from being able to charge them for using such a high percentage of available bandwidth.

This is the biggest BS argument out there. Amazon, eBay and Google pay their ISPs tremendous amounts of money for their bandwidth on the Internet. Customers pay the ISPs collectively tens of billions of dollars a year for their bandwidth on the Internet. That's not to mention how much we taxpayers paid them to build their infrastructure.

Everybody is getting paid. Nobody is getting a free ride. But the ISPs want to get paid twice by claiming that those companies that already pay well over a million dollars a day in bandwidth are getting a free ride.

11 posted on 10/22/2009 11:05:29 AM PDT by antiRepublicrat
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To: massgopguy
Net neutrality is the opposite of what you are citing. A more apt analogy is AT&T or Verizon limiting your phone calls on the basis of party affiliation.

Net neutrality is an effort to maintain the status quo, it is not analogous to the so-called "Fairness Doctrine."
12 posted on 10/22/2009 11:06:16 AM PDT by Sudetenland (Slow to anger but terrible in vengence...such is the character of the American people.)
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To: bamahead

Net neutrality would be like forcing grocery stores to charge for groceries by the cart rather than by the items in the cart. So the customer buying a pound of hamburger and a loaf of bread would pay the same as the customer who loaded their cart with steaks and caviar.


13 posted on 10/22/2009 11:12:26 AM PDT by The Great RJ ("The problem with socialism is that you eventually run out of other people's money." M. Thatcher)
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To: antiRepublicrat

Bandwidth is not an entitlement.

Certainly you don’t think Government involvement is the solution here?

Remember when ISP’s used to charge by the minute for dial up? The internet was extremely slow, and you couldn’t stay on it very long unless you wanted a huge bill. So, a few entrepreneurs jumped in and offered unlimited access for a flat rate. Competition ensued...by 1996 you’d be hard pressed to find a provide still charging a per-minute fee. And, lo and behold, internet usage proceded to explode right about that time. And providers also found ways to innovate and squeeze every bit of bandwidth they could from their networks, all while they worked on building the next generation of networks.

The Government didn’t need to step in there. The free market worked, and created the internet explosion. The only reason they’re doing so here is that Google sends a lot of money to Democrats. Hell, they probably wrote the damn bill.

Google is not entitled to bandwidth provided by a company that has invested billions and owns the infrastructure.

But they’re trying to make sure the Government grants them a new entitlement.


14 posted on 10/22/2009 11:41:53 AM PDT by bamahead (Avoid self-righteousness like the devil- nothing is so self-blinding. -- B.H. Liddell Hart)
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To: bamahead

IMO, “case by case” is a violation of the principle of Equal Justice Under the Law.


15 posted on 10/22/2009 11:48:22 AM PDT by expatpat
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To: antiRepublicrat

The part that was created by DARPA was merely an email system, less than a shadow of the current www Internet developed outside the government.


16 posted on 10/22/2009 11:51:59 AM PDT by expatpat
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To: bamahead
Bandwidth is not an entitlement.

Of course not. I pay for mine.

Google is not entitled to bandwidth provided by a company that has invested billions and owns the infrastructure.

Google pays dearly for its bandwidth and has invested millions in its own infrastructure. What they don't want to do is also pay the ISPs that are already getting paid by their customers. This whole "Google is freeloading" meme pushed by the ISPs is a load of garbage.

The ISPs are simply looking for extra revenue streams and thought they could get it by squeezing the content providers.

17 posted on 10/22/2009 12:17:22 PM PDT by antiRepublicrat
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To: antiRepublicrat
This is the biggest BS argument out there. Amazon, eBay and Google pay their ISPs tremendous amounts of money for their bandwidth on the Internet. Customers pay the ISPs collectively tens of billions of dollars a year for their bandwidth on the Internet. That's not to mention how much we taxpayers paid them to build their infrastructure.

Everybody is getting paid. Nobody is getting a free ride. But the ISPs want to get paid twice by claiming that those companies that already pay well over a million dollars a day in bandwidth are getting a free ride.

That's the bottom line. ISPs would love to be able to charge an extra fee to carry Freerepublic's traffic.

Everybody is getting paid. Nobody is getting a free ride. But the ISPs want to get paid twice by claiming that those companies that already pay well over a million dollars a day in bandwidth are getting a free ride.

Worth repeating again.

18 posted on 10/22/2009 12:27:29 PM PDT by zeugma (The pluiral of anecdote is not data.)
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To: expatpat
The part that was created by DARPA was merely an email system, less than a shadow of the current www Internet developed outside the government.

There was more than email going on before the public was allowed. In any case, it's still a government invention. This WWW was invented on government time, although not our own government.

19 posted on 10/22/2009 1:39:01 PM PDT by antiRepublicrat
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To: bamahead

Bits are Bits and they are all requested by an AT&T customer who pays AT&T every month for his internet service. I don’t know why they think they can charge Google for the Bits that AT&T’s customer asked for. If they want to go down that road, Google can start charging AT&T for content. It can work both ways.


20 posted on 10/22/2009 1:57:40 PM PDT by ClayinVA ("Those who don't remember history are doomed to repeat it")
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