The FCC and 'net neutrality'

Readers are doubtless familiar with the FCC's attempt this week to regulate the Internet - something which is patently outside the bounds of its legal authority. John Fund, writing in the Wall Street Journal, leads us through the background to understand how and why the FCC is so desperate to overstep its authority, and why it's important that the new Congress act to rein it in before it's too late.

President Obama, long an ardent backer of net neutrality, is ignoring both Congress and adverse court rulings, especially by a federal appeals court in April that the agency doesn't have the power to enforce net neutrality. He is seeking to impose his will on the Internet through the executive branch. FCC Chairman Julius Genachowski, a former law school friend of Mr. Obama, has worked closely with the White House on the issue. Official visitor logs show he's had at least 11 personal meetings with the president.

The net neutrality vision for government regulation of the Internet began with the work of Robert McChesney, a University of Illinois communications professor who founded the liberal lobby Free Press in 2002. Mr. McChesney's agenda? "At the moment, the battle over network neutrality is not to completely eliminate the telephone and cable companies," he told the website SocialistProject in 2009. "But the ultimate goal is to get rid of the media capitalists in the phone and cable companies and to divest them from control."

A year earlier, Mr. McChesney wrote in the Marxist journal Monthly Review that "any serious effort to reform the media system would have to necessarily be part of a revolutionary program to overthrow the capitalist system itself." Mr. McChesney told me in an interview that some of his comments have been "taken out of context." He acknowledged that he is a socialist and said he was "hesitant to say I'm not a Marxist."

. . .

After McCain-Feingold passed, several of the foundations involved in the effort began shifting their attention to "media reform" — a movement to impose government controls on Internet companies somewhat related to the long-defunct "Fairness Doctrine" that used to regulate TV and radio companies. In a 2005 interview with the progressive website Buzzflash, Mr. McChesney said that campaign-finance reform advocate Josh Silver approached him and "said let's get to work on getting popular involvement in media policy making." Together the two founded Free Press.

Free Press and allied groups such as MoveOn.org quickly got funding. Of the eight major foundations that provided the vast bulk of money for campaign-finance reform, six became major funders of the media-reform movement.

. . .

Free Press and other groups helped manufacture "research" on net neutrality. In 2009, for example, the FCC commissioned Harvard University's Berkman Center for Internet and Society to conduct an "independent review of existing information" for the agency in order to "lay the foundation for enlightened, data-driven decision making."

Considering how openly activist the Berkman Center has been on these issues, it was an odd decision for the FCC to delegate its broadband research to this outfit. Unless, of course, the FCC already knew the answer it wanted to get.

The Berkman Center's FCC- commissioned report, "Next Generation Connectivity," wound up being funded in large part by the Ford and MacArthur foundations. So some of the same foundations that have spent years funding net neutrality advocacy research ended up funding the FCC-commissioned study that evaluated net neutrality research.

The FCC's "National Broadband Plan," released last spring, included only five citations of respected think tanks such as the International Technology and Innovation Foundation or the Brookings Institution. But the report cited research from liberal groups such as Free Press, Public Knowledge, Pew and the New America Foundation more than 50 times.

So the "media reform" movement paid for research that backed its views, paid activists to promote the research, saw its allies installed in the FCC and other key agencies, and paid for the FCC research that evaluated the research they had already paid for. Now they have their policy. That's quite a coup.

There's more at the link. Bold print is my emphasis. I highly recommend that you read the whole article. It's interesting, troubling and thought-provoking.

I hope Congress acts in the New Year to overrule this nonsense. It's vital to stop the FCC - and, by extension, any State agency - side-stepping the legislative arm of government and attempting to rule by decree, rather than having the merits and demerits of a law openly debated, then passing it via the normal procedures of a constitutional republic.

The FCC's actions are nothing more or less than a naked power-grab by the Left, and must be stopped.

Peter