Interesting People mailing list archives

Re eisenbach on net neutrality -- testimony.


From: "Dave Farber" <farber () gmail com>
Date: Sat, 12 Nov 2016 22:22:46 -0500




Begin forwarded message:

From: Richard Bennett <richard () bennett com>
Date: November 12, 2016 at 6:16:28 PM EST
To: Dave Farber <dave () farber net>
Cc: ip <ip () listbox com>
Subject: Re: [IP] eisenbach on net neutrality -- testimony.

First, nobody in the know assumes Jeff Eisenach is going to be nominated to chair the FCC. He’s in charge of the 
agency review of the FCC for the Trump transition, which is a very different job than running the agency for the new 
administration. For example, FCC agency review was handled by Kevin Werbach and Susan Crawford for the Obama 
transition, and neither of them was subsequently nominated for an agency job. Werbach went on with this teaching job 
at Wharton and Crawford was nominated for the National Economic Council, a job she ultimately accepted. Until quite 
recently, Jeff was a Never Trumper.

Second, free market advocates - of which Eisenach is one - have never made a secret of their disdain for the various 
prophylactic regulations that fall under the umbrella of net neutrality. Net neutrality is an overly broad and 
essentially lazy attempt to prevent future harms to the Internet by banning a broad set of behaviors deemed to be 
“discriminatory.” The problem, of course, is that some forms of discrimination are harmful (to competition, 
innovation, etc., but other forms of discrimination are helpful to network efficiency, promoting adoption, and 
raising the visibility of new products and services. 

The separation of good and bad discrimination requires analytical, technical, and regulatory skill. Cynically, broad 
net neutrality regulations presume that such skills will never be found in the FCC. This becomes a self-fulfulling 
prophecy in the aftermath of populist campaigns for net neutrality. 

Third, the focus on net neutrality as the magic wand of Internet policy and a general obsession for Internet 
regulators for the past decade has meant that other, more important problems have done unaddressed. The current US 
net neutrality regulations have not prevented the increasingly nasty DDoS attacks, email hacks, and botnet diffusion 
we’ve seen this year. 

Where would the Internet be today if we had spent the energy we wasted on net neutrality arguments on making the 
Internet more secure and generally less friendly to criminal activity? I don’t know that these problems would have 
been solved since they flow from the Internet’s software architecture, but it’s reasonably clear we’d be ahead of 
where we are today.

Finally, as someone who has worked with Jeff - I was a visiting fellow at AEI until July of this year - I can tell 
you he has very little interest in net neutrality and has devoted very little energy to it. The same can be said of 
most leading Democratic Party thinkers on Internet policy. Nobody knows who Trump will nominate to lead the FCC, but 
many people have written that Commissioner Ajit Pai will win the nomination. 

See this on the transition: http://hightechforum.org/trump-administration-telecom-program/

And hear this podcast with Commissioner Pai: 
http://hightechforum.org/ajit-pai-talks-spectrum-fcc-reform-high-tech-forum/


Richard Bennett 

On Nov 12, 2016, at 3:48 PM, Dave Farber <farber () gmail com> wrote:




Begin forwarded message:

From: "Michael Gurstein" <gurstein () gmail com>
Date: November 12, 2016 at 5:14:15 PM EST
To: "Forum@Justnetcoalition. Org" <forum () justnetcoalition org>, "'internetpolicy'" <internetpolicy () elists 
isoc org>
Subject: [Internet Policy] eisenbach on net neutrality -- testimony.

Net neutrality by the assumed to be head of the US FCC…
 
M
 
Sent: November 11, 2016 8:47 PM
Subject:  eisenbach on net neutrality -- testimony.
 
http://www.nera.com/content/dam/nera/publications/2014/EisenachOpenInternetTestimony_0914.pdf

My testimony today advances three main points. First, net neutrality regulation cannot be justified
on grounds of enhancing consumer welfare or protecting the public interest. Rather, it is best
understood as an effort by one set of private interests to enrich itself by using the power of the
state to obtain free services from another – a classic example of what economists term “rent
seeking.” Second, the potential costs of net neutrality regulation are both sweeping and severe,
and extend far beyond a simple transfer of wealth from one group to another. Third, legitimate
policy concerns about the potential use of market power to disadvantage rivals or harm consumers
can best be addressed through existing antitrust and consumer protection laws and regulations.
To begin, net neutrality regulation cannot be justified as a means of enhancing consumer welfare
or advancing or protecting the public interest, and instead is best understood as a classic example
of rent seeking.1 This is particularly true of the more extreme flavors of net neutrality regulation
advanced by companies like Netflix, which would ban payments from companies like Netflix to
Internet Service Providers (ISPs) like AT&T.2

_______________________________________________
To manage your ISOC subscriptions or unsubscribe,
please log into the ISOC Member Portal:
https://portal.isoc.org/
Then choose Interests & Subscriptions from the My Account menu.

Archives  | Modify Your Subscription | Unsubscribe Now       

—
Richard Bennett
Founder/Publisher, High Tech Forum
 
IPR Consultant




-------------------------------------------
Archives: https://www.listbox.com/member/archive/247/=now
RSS Feed: https://www.listbox.com/member/archive/rss/247/18849915-ae8fa580
Modify Your Subscription: https://www.listbox.com/member/?member_id=18849915&id_secret=18849915-aa268125
Unsubscribe Now: 
https://www.listbox.com/unsubscribe/?member_id=18849915&id_secret=18849915-32545cb4&post_id=20161112222259:75FDF10E-A950-11E6-87F5-E930526B1639
Powered by Listbox: http://www.listbox.com

Current thread: