
Netflix May Already Regret Its Support for the FCC’s New Net Neutrality Rules
The agency’s new Internet rules will only make the web worse.
Over at Wired, Geoffrey Manne, the Executive Director of the International Center for Law and Economics, has one of the very best critical takes on the Federal Communications Commission’s decision last week to overhaul the way broadband Internet is regulated in order to enforce net neutrality rules. Manne makes a couple points that are worth repeating.
The first is that the new regulations give the agency license to go far beyond what supporters of the Title II/net neutrality regime have said is necessary—and, in doing so, may actually inhibit more valuable and effective consumer protection regulations from the Federal Trade Commission:
You were sold a bill of goods when activists told you net neutrality was all about protecting “the next Facebook” from evil ISPs. Think about it: If you’re “the next Facebook,” who do you think is more worried about you? Your ISP, or Facebook itself? If the problem is between Facebook and its potential challengers, hamstringing ISPs is an awfully roundabout way of dealing with it. Especially because we already have a regulatory apparatus to deal with issues related to competition: antitrust laws.
But consider this irony: Now that ISPs are regulated under Title II as common carriers, the Federal Trade Commission can’t enforce its consumer protection laws against them anymore.
That doesn’t mean there won’t be antitrust enforcement, but we did just hobble our most significant and experienced consumer protection authority. That seems like a mistake if we’re enacting rules that purport to protect consumers.
This may not be exactly how it all plays out, but it’s not a bad bet. We don’t know for sure, of course, in part because we haven’t even seen the full FCC order yet; indeed, according to an agency statement earlier this week, it hasn’t even been finalized yet.
https://reason.com/blog/2015/03/05/netflix-may-already-regret-its-support-f