August 2016

Republicans believe they are finally close to overhauling a landmark law that has been a cornerstone of tech and telecom regulation for decades.

The effort to update the Communications Act, which gives the Federal Communications Commission its authority, has been years in the making and has powerful support. John Thune (R-SD), the chairman of the Senate Commerce Committee and veteran lawmakers on the House Commerce Committee are vowing to make changing the law a centerpiece of their 2017 agenda. Proponents of updating the law, first written in 1934 and last revised in 1996, say it's showing its age and is ill-suited to dealing with a world dominated by high-speed internet and mobile devices instead of phone service and traditional radio broadcasts.

An examination of 75 think tanks found an array of researchers who had simultaneously worked as registered lobbyists, members of corporate boards or outside consultants in litigation and regulatory disputes, with only intermittent disclosure of their dual roles. With their expertise and authority, think tank scholars offer themselves as independent arbiters, playing a vital role in Washington’s political economy. Their imprimatur helps shape government decisions that can be lucrative to corporations. But the examination identified dozens of examples of scholars conducting research at think tanks while corporations were paying them to help shape government policy. Many think tanks also readily confer “nonresident scholar” status on lobbyists, former government officials and others who earn their primary living working for private clients, with few restrictions on such outside work. Largely free from disclosure requirements, the researchers’ work is often woven into elaborate corporate lobbying campaigns.

Over the many months that officials in Washington debated sweeping new regulations for internet providers, Jeffrey A. Eisenach, a scholar at the conservative American Enterprise Institute, was hard to miss. He wrote op-ed pieces, including for The New York Times, that were critical of the rules. He filed formal comments with the Federal Communications Commission, where he also met privately with senior lawyers. He appeared before Congress and issued reports detailing how destructive the new rules would be. “Net neutrality would not improve consumer welfare or protect the public interest,” Eisenach testified in September 2014 before the Senate Judiciary Committee. Intense advocacy by a think tank scholar is not notable in itself, but Eisenach, 58, a former aide at the Federal Trade Commission, has held another job: as a paid consultant for Verizon and its trade association.