May 2017

It’s Not Too Late To Save Net Neutrality From a Captured FCC

[Commentary] In many ways, network neutrality is a secondary problem. Until we confront core injustices stemming from unregulated monopoly power—which may worsen given the likelihood of massive media mergers—we can’t address issues like slow broadband speeds, outrageously high prices, digital red-lining, and the woeful lack of competition in Internet service markets.

Killing net neutrality is a top-down corporate power grab. There’s absolutely no need to repeal it. The protection has tremendous public support. As the Federal Communications Commission serves a narrow corporate agenda, we must find a way to recapture it for the people. The Internet is too valuable to leave to the mercy of monopolies. The battle for net neutrality continues. It’s a battle we can and must win.

[Victor Pickard is an Associate Professor of Communication at the Annenberg School for Communication.]

A Truly ‘Open Internet’ Would Be Free of Burdensome FCC Regulation

[Commentary] Don’t believe the arguments pushed by ‘network neutrality’ activists: The government does more harm than good by interfering in the World Wide Web. Any student of Federal Communications Commission history knows roughly how this story will end if the rules are not repealed. The dominant Web and Internet providers will muddle through, perhaps more profitable but also more sclerotic and risk-averse. Their armies of attorneys, many of whom used to work at the FCC, will closely read the thousands of pages of orders, declaratory rulings, and press releases to anticipate shifting legal winds. Smaller providers and mom-and-pop tech startups, focused on customers and services rather than compliance, will be left in the dark.

[Brent Skorup is an attorney and a research fellow at the Mercatus Center at George Mason University]

Broadband Investment Slowed by $5.6 Billion Since Open Internet Order

In his address on April 26, Federal Communications Commission Chairman Ajit Pai cited Free State Foundation research estimating that the Open Internet Order "has already cost our country $5.1 billion in broadband capital investment."

Just two years after the FCC adopted the Open Internet Order, I estimate that broadband providers significantly slowed investment, despite the claims by the FCC that the opposite would occur. Taking into account the latest USTelecom investment data, I now estimate that foregone investment in 2015 and 2016 was about $5.6 billion, an amount providers likely would have invested in a business climate without Title II public utility regulation.

How Public Participation Saved Canada's Internet

[Commentary] In addition to the US, Canada was also all abuzz with Network Neutrality news last week, and for the completely opposite reason: Our communications regulator, the Canadian Radio-television and Telecommunications Commission (CRTC), released a landmark decision that planted a flag for Net Neutrality, bolstering the future of online innovation, competition and affordable choice and allowing residents to meaningfully participate in today’s digital society.

There are two key takeaways from this decision that should give Net Neutrality advocates and internet users in the United States some hope: First, public input was crucial to this victory.Over 55,000 people made their views known to the Commission in one way or another, and the CRTC took note. Second, persistence pays off. This fight isn’t a sprint or a marathon. It’s more like an obstacle course where you emerge exhausted and covered in mud — but know the effort was worth it. There’s always another battle to struggle through, but each one still takes you forward, even if it doesn’t seem like it at the time.

[Cynthia Khoo is a Toronto-based lawyer working on internet policy and digital rights, including acting as external counsel to OpenMedia.]

Uber faces DOJ criminal probe over the secret 'Greyball' tool it used to stymie regulators

Apparently, the Justice Department has launched a criminal investigation into Uber's use of a secret software that was used to evade authorities in places where its ride-hailing service was banned or restricted. The investigation, in its early stages, deepens the crisis for the embattled company and its chief executive and founder, Travis Kalanick, who has faced a barrage of negative press this year in the wake of high-profile sexual harassment complaints, a slew of executive departures and a consequential trade-secrets lawsuit from Google's parent company.

The federal criminal probe focuses on software developed by Uber called "Greyball." The program helped the company evade officials in cities where Uber was not yet approved. The software identified and blocked rides to transportation regulators who were posing as Uber customers in an effort to prove that the company was operating illegally.

LightSquared/Ligado wants to build a wireless network for drones, trains and automobiles

In its bid to blow up the nation’s cellular industry a half-decade ago, a company named LightSquared proposed something no wireless carrier had done before: It vowed to build America’s first retail cellphone network using airwaves traditionally reserved for orbiting satellites. After a multiyear restructuring during which LightSquared’s owner and top investor — the embattled hedge-fund manager Philip Falcone — stepped aside, the company has re-emerged. It has a new name — Ligado — and even grander ambitions.

If it succeeds, Ligado will be well-positioned to control a massive chunk of the industrial market for connected devices, a market that Morgan Stanley thinks will be worth $110 billion a year by 2020. Ligado is promising not only to build the world’s first wireless network using ground-based airwaves that had long been considered unsuitable for cellular use, but it’s also planning to join that capability with a satellite hovering above North America.

Sean Spicer Is Doing a Good Job. Here’s Why.

[Commentary] Contrary to popular belief, Spicer is actually doing a good job. Not for reporters or the general public, who disagree with that assessment. But Spicer doesn’t answer to them; he answers to the president. And he has served President Donald Trump well in two important ways. First, Spicer has succeeded in fanning the flames of the feud between Trump’s White House and the media. The other measure of Spicer’s success is his steadfastness in defending the president.

[Neal Urwitz is director of external relations at the Center for a New American Security.]