• Tag Archives net neutrality
  • Net Neutrality Is Not about ‘Saving the Internet.’ It’s about Controlling the Internet

    In 2017, late-night host Stephen Colbert told his audience that it was “a sad day” because the Federal Communications Commission (FCC) had voted to repeal Net Neutrality, an Obama-era rule that required Internet Service Providers (ISPs) to offer “equal access” and speeds to all lawful websites and content regardless of their source, and prohibiting “fast lanes” for certain content.

    “What that really means, it means repealing regulations that prevented your Internet provider from blocking certain websites or slowing down your data,” Colbert said. “Now they can. And that’s wrong.”

    Repeal of these regulations didn’t just portend the death of the Internet. It marked the triumph of Russia, Colbert suggested, pointing to FCC Commissioner Jessica Rosenworcel’s claim that a half-million public comments came from “Russian email addresses.”

    “C’mon, Russia,” Colbert said. “Can’t you just leave America alone?”

    The implication was clear. Killing Net Neutrality would destroy the Internet (and may have been a Putin plot).

    Colbert was not the only person to make such claims, of course. Senate Democrats said that if we failed to save Net Neutrality, we’d get the Internet “one word at a time.” Actor Mark Ruffalo said that repeal was an “authoritarian dream,” and actress Alyssa Milano called it a threat to democracy itself.

    CNN was slightly less hyperbolic, calling repeal of the regulation “the end of the Internet as we know it.”

    Six Years Later

    CNN was right, in a sense. The repeal of Net Neutrality — which occurred in 2018 with the FCC’s “Restoring Internet Freedom Order” — did mean the end of the Internet as we knew it.

    Anyone reading this article can see the Internet didn’t die (hooray!). But few may realize just how much the Internet has improved since Net Neutrality was repealed.

    Data released by FCC commissioner Brendan Carr, the former general counsel of the regulatory body, show that not only did the Internet not die; speeds got exponentially faster. According to data from Ookla, a global leader in Internet access performance metrics, median fixed download speeds have increased by 430 percent since 2017. Median mobile download speeds have increased even more — by 647 percent, a more than sevenfold surge.

    Internet speeds didn’t just get faster, however. They became less expensive in real dollars.

    “In real terms, the prices for Internet services have dropped by about 9 percent since the beginning of 2018, according to BLS CPI data,” Carr points out. “On the mobile broadband side alone, real prices have dropped by roughly 18 percent since 2017… and for the most popular broadband speed tiers, real prices are down 54 percent…”

    This is just one part of the Internet boom that occurred following the repeal of Net Neutrality. As the Wall Street Journal recently noted, Internet access also exploded.

    In 2015, 77 percent of Americans had access to high-speed broadband. By January 2020, that figure had risen to 94 percent, and it didn’t stop there, the paper notes. In 2022, some 400,000 miles of fiber were laid by broadband engineers — more than double that of 2016.

    All of this investment didn’t happen accidentally. It was spurred by a return to laissez-faire Internet regulations reminiscent of the earlier days of the Internet, and was predicted by those who opposed Net Neutrality.

    “It’s basic economics,” former FCC head Ajit Pai said. “The more heavily you regulate something, the less of it you’re likely to get.”

    Pai’s point deserves attention. Supporters of Net Neutrality argued that the policy was necessary to keep ISPs in line so they didn’t rig the game against consumers in pursuit of higher profits.

    But it was precisely the lack of regulation (and the pursuit of profits) that spurred the Internet boom. Companies seeking profit poured capital into Internet services in an effort to attract customers by offering a better, faster, and less-expensive product than their competitors.

    Internet prices fell and service improved as a result, despite widespread fears that it would result in the “end of the Internet.” Why so many leftists might have genuinely believed the Internet would break without a federal bureaucracy holding its hand can perhaps be found in the views of the father of socialism, Karl Marx.

    Marx saw competition — especially market competition — as a destructive force:

    Competition engenders misery, it foments civil war, it ‘changes natural zones,’ mixes up nationalities, causes trouble in families, corrupts the public conscience, ‘subverts the notion of equity, of justice,’ of morality, and what is worse, it destroys free, honest trade, and does not even give in exchange synthetic value, fixed, honest price. It disillusions everyone, even economists. It pushes things so far as to destroy its very self.

    The great Austrian economist Ludwig von Mises knew better. He saw market competition as the engine of economic production — “the sharper competition, the better” — which is why he disliked comparisons of competition to war.

    “The function of battle is destruction; of competition, construction,” he noted in his 1922 book Socialism.

    The Revival of Net Neutrality

    The rapid expansion of Internet services over the last six years shows that Pai and Mises understand economics better than Net Neutrality proponents (and Karl Marx). Deregulation spurred investment and market competition, which ultimately resulted in a better Internet — not the end of the Web.

    Alas, even though the apocalyptic predictions never materialized, Net Neutrality is back.

    Last month, the FCC voted, by a 3–2 margin, to reinstate the policy in an attempt to, in CNN’s words, “reassert its authority over an industry that powers the modern digital economy.”

    What’s astonishing is that you wouldn’t even know the amazing story about the explosion in Internet services (or the failed predictions of 2017–18) if you read a news story about the reinstatement of Net Neutrality.

    The Associated Press mentions not a single word about the failed predictions or the improved speed and affordability of Internet services. Instead, we’re given this nugget from FCC Chairwoman Jessica Rosenworcel: “In our post-pandemic world, we know that broadband is a necessity, not a luxury.”

    CNNPBS, and numerous other media outlets ran similar stories that failed to mention either the doomsday predictions or the explosion of Internet services over the last six years.

    One media outlet conceded that the sky didn’t fall following repeal of the regulation, but argued that this was because Net Neutrality never really left, since public scrutiny and state governments kept ISPs in line following repeal.

    “And so, it is fair to say we haven’t seen a world without Net Neutrality,” Stanford Law professor Barbara van Schewick, a Net Neutrality supporter, told NPR.

    ‘Cyber-Libertarianism’ and the Internet

    It’s nice to see NPR recognize the value of federalism, one of the most important checks on centralized power in the American system. Yet Schewick’s point that states have the power to regulate ISPs was curiously missing from the #savetheinternet campaigns of 2017–18. And there’s a reason for this.

    The reality is, Net Neutrality was never truly about “saving” the Internet. (If it was, we wouldn’t be witnessing new efforts to impose it even though the Internet has grown far more accessible and affordable in its absence.)

    Net Neutrality is about controlling the Internet.

    From the beginning of the commercialization of the Internet in the 1990s, the US adopted a largely laissez-faire approach to the Internet, a standard set during the Clinton administration.

    John Palfrey, a law professor who ran Harvard’s Berkman Center for Internet & Society, said there was a term for this “hands-off regulatory approach”: cyber-libertarianism.

    Cyber-libertarianism unleashed a wave of innovation in e-commerce and social media, he said, which led to an explosion of wealth unparalleled in US history with the possible exception of the Gilded Age. And though other countries such as China would also make strides, Palfrey said the results of the laissez-faire approach are apparent.

    “The United States remains the undisputed leader in virtually all aspects of the Internet, digital media, and computing early in this new millennium,” he explained in a 2021 Harvard Law School interview.

    Yet, Palfrey does not see “cyber-libertarianism” as a success. He regards it as a threat and a failure.

    “It made a small number of people — mostly men, mostly highly educated, mostly white and Asian — fabulously wealthy,” Palfrey said. “We need a regulatory regime today for technology that puts the public interest first, with equity and inclusion as a design principle and not an afterthought.”

    Like many others, Palfrey believes the Internet should be regulated as a public utility. He believes the current system gives too much to a handful of billionaires “all of whom happen to be men and white.”

    Net Neutrality has been sold to the public as a policy that will prevent Internet providers “from blocking certain websites or slowing down your data.”

    This isn’t a power politicians and bureaucrats fear so much as they envy, which is why they’re seeking to loosen private control over the most powerful communication system in the world “in the interest of a more just and inclusive economy and our very democracy.”

    Once one realizes that Net Neutrality isn’t so much about creating a better Internet as much as a key step toward an Internet under government control, the push to revive the policy makes a whole lot more sense.

    This article originally appeared in The Daily Economy at AIER.org.

    https://fee.org/articles/net-neutrality-is-not-about-saving-the-internet-its-about-controlling-the-internet/


  • Repealing Net Neutrality: The Internet Apocalypse That Never Came

    This month marks one year since the FCC repealed the controversial net neutrality rules, officially killing the internet as we knew it forever—or so net neutrality proponents would have liked you to believe. But as we take a closer look at what has actually happened in the year since the rules have been abolished, we find that the (often hysterical) rhetoric doesn’t reflect reality at all. On the contrary, the internet has actually improved since regulations were relaxed.

    The internet has been a household commodity available for public use since August 6, 1991. However, according to net neutrality’s most fervent supporters, the internet didn’t truly take off until February 2015, when the FCC passed and adopted the new rules.

    In both the lead up to the vote on net neutrality and its subsequent repeal, mass hysteria ensued in which many people were honestly convinced that without government intervention, all the online services we enjoyed would cease to exist. In an article called “How the FCC’s Killing of Net Neutrality Will Ruin the Internet Forever,” the magazine GQ even went so far as to say:

    Think of everything that you’ve ever loved about the Internet. That website that gave you all of the Grand Theft Auto: Vice City cheat codes. YouTube videos of animals being friends. The illegal music you downloaded on Napster or Kazaa. The legal music you’ve streamed on Spotify. …The movies and TV shows you’ve binged on Netflix and Amazon and Hulu. The dating site that helped you find the person you’re now married to. All of these things are thanks to net neutrality.

    It’s rather shocking that this sentiment was so widely accepted as truth considering that every single one of the listed examples existed prior to net neutrality. In fact, the only reason the internet was able to become such an integral part of our lives was that it was left virtually untouched by regulatory forces. And since spontaneous order was allowed to occur, internet users were blessed with unbridled innovation that brought forth a robust variety of services, which GQ prefers to attribute to government action that wasn’t taken until nearly 24 years after internet use became the norm.

    These small details were, of course, ignored by much of the public, and the panic continued. The ACLU joined the frenzy, telling readers that without net neutrality we “are at risk of falling victim to the profit-seeking whims of powerful telecommunications giants.”

    We now realize that these dire warnings actually came to fruition, reminding us just how absurd the push for net neutrality rules was in the first place.

    Net neutrality sought to define the internet as a public utility, putting it in the same category as water, electric, and telephone services. Doing so left it open to regulatory oversight, specifically when it came to connection speeds and the price providers were allowed to charge consumers for its use.

    The new rules mandated that each internet service provider was henceforth forced to provide equal connection speeds to all websites, regardless of content. Prior to its passage, providers had the freedom to offer different connection speeds to users, including the option to pay more for faster speeds on certain websites.

    If, for example, Comcast noticed that a majority of its users were streaming content on Netflix, it might offer packages that charge extra for the promise of being able to connect to the site at quicker speeds. In reality, this is just the market responding to consumer demand, but not everyone saw it this way. Others saw it as an abuse of power by “greedy” internet service providers.

    Then-President Obama praised net neutrality, saying:

    For almost a century, our law has recognized that companies who connect you to the world have special obligations not to exploit the monopoly they enjoy over access in and out of your home or business. It is common sense that the same philosophy should guide any service that is based on the transmission of information—whether a phone call, or a packet of data.

    Unfortunately for those who think net neutrality rules are a good idea, the railroad industry serves as a perfect example of just how hazardous declaring consumer goods “public utilities” can truly be.

    Like the internet, railroads changed the world by connecting us with people, ideas, and goods to which we did not previously have access. In 1887, the Interstate Commerce Commission (ICC) was created specifically to regulate railroads in order to “protect” consumers from falling prey to the “profit-seeking whims” of the railroad industry. Much like today, the concern was that powerful railroad companies would arbitrarily increase rates or partner with other companies in a way that harmed consumers, just like the aforementioned Comcast/Netflix example. And as a result, the ICC made the railroads public utilities. But the ICC ended up doing more harm than good.

    As Robert J. Samuelson of the Washington Post writes:

    The railroads needed ICC approval for almost everything: rates, mergers, abandonments of little-used branch lines. Shippers opposed changes that might increase costs. Railroads struggled to meet new competition from trucks and barges. In 1970, the massive Penn Central railroad — serving the Northeast — went bankrupt and was ultimately taken over by the government. Others could have followed.

    Without the freedom to innovate and provide the best possible service to consumers without having to first jump through a series of regulatory hoops, the railroad industry’s hands were tied, and progress was stagnant.

    In 1980, the negative impacts became too much for even the government to ignore, and the ICC was abolished. Shortly thereafter, the industry recovered. Not only did freight rates and overall costs decrease, but railroads were also finally able to make a profit again—something that became a struggle in the wake of the ICC’s creation. In other words, the repeal of regulatory oversight resulted in a win-win situation for all parties involved. And it appears the same is true of the repeal of net neutrality.

    If we were to believe the hype being spread last year, by now the sky should have fallen and the internet made obsolete or exorbitantly expensive, as Banksy implied, from the lack of oversight. But that has not been the case. Instead of costs skyrocketing or connection speeds slowing down, things have actually gotten much better.

    According to Recodeinternet speeds actually have increased nearly 40 percent since net neutrality was abolished. Uninhibited by government regulations, service providers have been free to expand their fiber optic networks, allowing for greater speed:

    Finally some good news: The internet is getting faster, especially fixed broadband internet. Broadband download speeds in the U.S. rose 35.8 percent and upload speeds are up 22 percent from last year, according to internet speed-test company Ookla in its latest U.S. broadband report.

    You’d think this news would have inspired a slew of “oops, we were wrong” articles to be written by those who worked so diligently to spread fear in the lead-up to the repeal. But this has not been the case.

    Wired, which published many articles in favor of net neutrality, did publish an article called “A Year without Net Neutrality: No Big Changes (Yet),” where it admits that none of the scary predictions actually came true. But it still clung to its paradoxical belief that an internet free from regulation is not truly free.

    Whether the naysayers are willing to admit it or not, less government regulation results in better outcomes for both companies and consumers. So the next time we are told that a lack of regulation is going to be the end of life as we know it, we would do well to remember what really happened when the government finally freed the internet from its grasp.

    Source: Repealing Net Neutrality: The Internet Apocalypse That Never Came – Foundation for Economic Education




  • Goodbye Net Neutrality; Hello Competition

    At long last, with the end of “net neutrality,” competition could soon come to the industry that delivers Internet services to you. You might be able to pick among a range of packages, some minimalist and some maximalist, depending on how you use the service. Or you could choose a package that charges based only on what you consume, rather than sharing fees with everyone else.

    Internet socialism is dead; long live market forces.

    With market-based pricing finally permitted, we could see new entrants to the industry because it might make economic sense for the first time to innovate. The growing competition will lead, over the long run, to innovation and falling prices. Consumers will find themselves in the driver’s seat rather than crawling and begging for service and paying whatever the provider demands.

    Ajit Pai, chairman of the FCC, is exactly right. “Under my proposal, the federal government will stop micromanaging the internet. Instead, the F.C.C. would simply require internet service providers to be transparent about their practices so that consumers can buy the service plan that’s best for them.”

    A Fed for Communication

    The old rules pushed by the Obama administration had locked down the industry with regulation that only helped incumbent service providers and major content delivery services. They called it a triumph of “free expression and democratic principles.” It was anything but. It was actually a power grab. It created an Internet communication cartel not unlike the way the banking system works under the Federal Reserve. 

    Net Neutrality had the backing of all the top names in content delivery, from Google to Yahoo to Netflix to Amazon. It’s had the quiet support of the leading Internet service providers Comcast and Verizon. Both companies are on record in support of the principle, repeatedly and consistently, while opposing only Title II which makes them a public utility – a classic “have your cake and eat it” position. 

    The opposition, in contrast, had been represented by small players in the industry, hardware providers like Cisco, free-market think tanks and disinterested professors, and a small group of writers and pundits who know something about freedom and free-market economics.

    The public at large should have been rising up in opposition, but people were largely ignorant of what was going on with net neutrality. Consumers imagined that they would get censorship-free access and low prices. That’s not what happened.

    Here’s what’s was really going on with net neutrality. The incumbent rulers of the world’s most exciting technology decided to lock down the prevailing market conditions to protect themselves against rising upstarts in a fast-changing market. The imposition of a rule against throttling content or using the market price system to allocate bandwidth resources protects against innovations that would disrupt the status quo.

    Industrial Giants

    What was sold as economic fairness and a wonderful favor to consumers was actually a sop to industrial giants who were seeking untrammeled access to your wallet and an end to competitive threats to market power.

    Let’s grasp the position of the large content providers. Here we see the obvious special interests at work. Netflix, Amazon, and the rest don’t want ISPs to charge either them or their consumers for their high-bandwidth content. They would rather the ISPs themselves absorb the higher costs of such provision. It’s very clear how getting the government to make price discrimination illegal is in their interest. It means no threats to their business model.

    By analogy, let’s imagine that a retailer furniture company were in a position to offload all their shipping costs to the trucking industry. By government decree, the truckers were not permitted to charge any more or less whether they were shipping one chair or a whole houseful of furniture. Would the furniture sellers favor such a deal? Absolutely. They could call this “furniture neutrality” and fob it off on the public as preventing control of furniture by the shipping industry.

    But that leaves the question about why the opposition from the ISPs themselves (the truckers by analogy) would either be silent or quietly in favor of such a rule change. Here is where matters get complicated. After many years of experimentation in the provision of Internet services — times when we went from telephone dial-up to landlines to T1 connections to 4G and 5G data coverage — the winner in the market (for now) has been the cable companies. Consumers prefer the speed and bandwidth over all existing options.

    But what about the future? What kind of services are going to replace the cable services, which are by-and-large monopolies due to special privileges from states and localities? It’s hard to know for sure but there are some impressive ideas out there. Costs are falling for all kinds of wireless and even distributed systems.

    Raising Costs

    If you are a dominant player in the market — an incumbent firm like Comcast and Verizon — you really face two threats to your business model. You have to keep your existing consumer base onboard and you have to protect against upstarts seeking to poach consumers from you.

    For established firms, a rule like net neutrality can raise the costs of doing business, but there is a wonderful upside to this: your future potential competitors face the same costs. You are in a much better position to absorb higher costs than those barking at your heels. This means that you can slow down development, cool it on your investments in fiber optics, and generally rest on your laurels more.

    But how can you sell such a nefarious plan? You get in good with the regulators. You support the idea in general, with some reservations, while tweaking the legislation in your favor. You know full well that this raises the costs to new competitors. When it passes, call it a vote for the “open internet” that will “preserve the right to communicate freely online.”

    Neutrality was Deceptive

    But when you look closely at the effects, the reality was exactly the opposite. Net neutrality closed down market competition by generally putting government and its corporate backers in charge of deciding who can and cannot play in the market. It erected barriers to entry for upstart firms while hugely subsidizing the largest and most well-heeled content providers.

    So what are the costs to the rest of us? It meant no price reductions in internet service. It could mean the opposite. Your bills went up and there was very little competition. It also meant a slowing down in the pace of technological development due to the reduction in competition that followed the imposition of this rule. In other words, it was like all government regulation: most of the costs were unseen, and the benefits were concentrated in the hands of the ruling class.

    There was an additional threat: the FCC had reclassified the internet as a public utility. It meant a blank check for government control across the board. Think of the medical marketplace, which is now entirely owned by a non-competitive cartel of industry insiders. This was the future of the internet under net neutrality.

    Good riddance, then. No more government-managed control of the industry. No more price fixing. No more of the largest players using government power to protect their monopoly structure.

    In the short term, the shift by the FCC does not mean the immediate emergence of a free marketplace for Internet service. But it is a step. If we let this experiment in liberalization run a few years, we will see massive new entrants into the sector. As with every good or service provided by market forces, consumers will gain the benefit of innovation and falling prices.

    The end of net neutrality is the best single deregulatory initiative yet taken by the Trump administration. The simultaneous, contradictory, and economically absurd attempt by the Justice Department to stop the merger of Time-/Warner and AT&T–which might only be a government attempt to punish CNN and therefore an abuse of presidential power–is another matter for another time.

    We should take our deregulation where we can get it.


    Jeffrey A. Tucker

    Jeffrey Tucker is Director of Content for the Foundation for Economic Education. He is founder of Liberty.me, Distinguished Honorary Member of Mises Brazil, economics adviser to FreeSociety.com, research fellow at the Acton Institute, policy adviser of the Heartland Institute, founder of the CryptoCurrency Conference, member of the editorial board of the Molinari Review, an advisor to the blockchain application builder Factom, and author of five books, most recently Right-Wing Collectivism: The Other Threat to Liberty, with a preface by Deirdre McCloskey (FEE 2017). He has written 150 introductions to books and many thousands of articles appearing in the scholarly and popular press. He is available for press interviews via his email.

    This article was originally published on FEE.org. Read the original article.