FC: PFF's Randy May on regulation aficionados, Congress, and FTC

[Declan McCullagh <declan () well com>]

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http://www.politechbot.com/p-03052.html

---------- Forwarded message ----------
Date: Wed, 23 Jan 2002 11:10:55 -0500
From: Randy May <rmay () pff org>
To: "'declan () well com'" <declan () well com>
Subject: RE: Regulation aficionados applaud Congress action against FTC

Declan--As someone who is not a trade association representative or a lawyer
representing companies seeking merger approvals,there are still several
points that could be made in response to Andy Schwartzman's letter. But
perhaps most fundamentally, I would question the idea--at the heart of his
position--that independent regulatory agencies like the FTC and FCC, staffed
by the so-called "experts"-- are best suited to deal with "controversial or
politically sensitive issues" that "will determine the future of democracy
in the digital era." I understand that this was the theoretical
justification offered for the independent agencies offered by Dean Landis
and Justice Felix Frankfurter at the height of New Deal jurisprudential
thinking--and I assume it is Andy's well-intentioned view today. But I'm as,
if not more, comfortable having "controversial and politically sensitive"
policies formulated by the politically accountable Executive Branch. That
way if people don't like the policies, there's always an election around the
corner.

Note that I'm not saying that I'm in favor of non-substantive "political
interference" in the judicial or adjudicatory process once individual cases
have been brought by either DOJ or the FTC. But I am saying that I'm as
comfortable with having an executive branch agency like DOJ formulate policy
concerning mergers and concentration of control as I am an independent
regulatory agency, because politics, in the broad sense, is an important
element of such policy formulation.

Feel free to post if you wish.

Best,
Randy      

Randolph J. May
Senior Fellow and Director of Communications Policy Studies
The Progress & Freedom Foundation
1301 K Street, NW
Suite 550 East
Washington, DC 20005

Tel.     202-289-8928
Fax     202-289-6079
e-mail  rmay () pff org



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