The FCC’s latest legal brief defending its Open Internet Order, will represent the FCC’s “strongest possible” legal arguments for its Title II net neutrality case – a vainglorious legal fortress.
In reality, the FCC’s legal case is closer to a magnificent beach sandcastle.
Its downfall will be that its case is sand, on top of a sand foundation -- that won’t be able to weather the elements intact.
Consider some of the elements the FCC’s sandcastle legal case must withstand.
The term “net neutrality,” or direct Congressional authority to mandate the FCC’s concept of “net neutrality,” is not found in law.
The D.C. Court of Appeals has twice ruled (in 2010 & in 2014) that the FCC does not have the legal authority to mandate FCC-defined net neutrality. This third FCC attempt suffers from many of the legal infirmities of the previous two FCC failures, plus additional, more serious legal infirmities than before.
The linchpin weakness of this FCC case is the FCC’s...
Being Leftist means never having to say you’re sorry. Being a huge Barack Obama-Democrat donor doesn’t hurt either. Being incredibly generous in support of Leftism also allows you to enact incredibly anti-free market, anti-Reality policies that are a huge boon to you – at the exorbitant expense of the private sector players who made your successes possible.
So it is with Google’s Network Neutrality assault on the nation’s Internet Service Providers (ISPs).
Our ISPs have in the last...
“Cyber systemic risk” is Internet-driven risk that threatens to destroy the business viability of industry ecosystems.
While cybersecurity risk may be the familiar and recognizable type of cyber systemic risk, it is only recognizable like the tip of an iceberg is recognizable, because most cyber systemic risk lurks well out of view, deep beneath the surface in the ocean of virtual ones and zeros.
“Cyber systemic risk” generally is the Internet version of the financial crisis’ hard...
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