Showing archive for: “Broadband”
The Ninth Circuit’s Welcome Recognition of FTC Authority to Address Welfare-Inimical Broadband Abuses
The U.S. Federal Trade Commission’s (FTC) well-recognized expertise in assessing unfair or deceptive acts or practices can play a vital role in policing abusive broadband practices. Unfortunately, however, because Section 5(a)(2) of the FTC Act exempts common carriers from the FTC’s jurisdiction, serious questions have been raised about the FTC’s authority to deal with unfair ... The Ninth Circuit’s Welcome Recognition of FTC Authority to Address Welfare-Inimical Broadband Abuses
Abandon Title II, Return to Antitrust
Just in time for tomorrow’s FCC vote on repeal of its order classifying Internet Service Providers as common carriers, the St. Louis Post-Dispatch has published my op-ed entitled The FCC Should Abandon Title II and Return to Antitrust. Here’s the full text: The Federal Communications Commission (FCC) will soon vote on whether to repeal an ... Abandon Title II, Return to Antitrust
FCC-FTC Plans for Welfare-Enhancing Cooperation on Online Consumer Protection
As the Federal Communications (FCC) prepares to revoke its economically harmful “net neutrality” order and replace it with a free market-oriented “Restoring Internet Freedom Order,” the FCC and the Federal Trade Commission (FTC) commendably have announced a joint policy for cooperation on online consumer protection. According to a December 11 FTC press release: The Federal ... FCC-FTC Plans for Welfare-Enhancing Cooperation on Online Consumer Protection
Pai’s Right on Net Neutrality and Title II
As I explain in my new book, How to Regulate, sound regulation requires thinking like a doctor. When addressing some “disease” that reduces social welfare, policymakers should catalog the available “remedies” for the problem, consider the implementation difficulties and “side effects” of each, and select the remedy that offers the greatest net benefit. If we ... Pai’s Right on Net Neutrality and Title II
ICLE Files Ex Parte Notice With FCC on Restoring Internet Freedom NPRM
This week, the International Center for Law & Economics filed an ex parte notice in the FCC’s Restoring Internet Freedom docket. In it, we reviewed two of the major items that were contained in our formal comments. First, we noted that the process by which [the Commission] enacted the 2015 [Open Internet Order]… demonstrated scant ... ICLE Files Ex Parte Notice With FCC on Restoring Internet Freedom NPRM
ICLE urges Supreme Court to review DC Circuit decision in Open Internet Order case
Today the International Center for Law & Economics (ICLE) submitted an amicus brief urging the Supreme Court to review the DC Circuit’s 2016 decision upholding the FCC’s 2015 Open Internet Order. The brief was authored by Geoffrey A. Manne, Executive Director of ICLE, and Justin (Gus) Hurwitz, Assistant Professor of Law at the University of Nebraska ... ICLE urges Supreme Court to review DC Circuit decision in Open Internet Order case
The European Approach to Standard Essential Patents (SEPs): A Sound Critique by Scalia Law’s Global Antitrust Institute (GAI)
The Scalia Law School’s Global Antitrust Institute (GAI) has once again penned a trenchant law and economics-based critique of a foreign jurisdiction’s competition policy pronouncement. On April 28, the GAI posted a comment (GAI Comment) in response to a “Communication from the [European] Commission (EC) on Standard Essential Patents (SEPs) for a European Digitalised Economy” ... The European Approach to Standard Essential Patents (SEPs): A Sound Critique by Scalia Law’s Global Antitrust Institute (GAI)
Reconfirming Jessica Rosenwercel as an FCC Commissioner Would Undermine Internet Freedom
The Senate should not reconfirm Jessica Rosenworcel to the Federal Communications Commission (FCC), in order to allow the Trump Administration to usher in needed reforms in the critical area of communications policy. As documented by the Free State Foundation (FSF) and other supporters of free markets, the Obama Administration’s FCC has done a dismal job ... Reconfirming Jessica Rosenwercel as an FCC Commissioner Would Undermine Internet Freedom
The FTC, not the FCC, Should Regulate Internet Privacy
In an October 25 blog commentary posted at this site, Geoffrey Manne and Kristian Stout argued against a proposed Federal Communications Commission (FCC) ban on the use of mandatory arbitration clauses in internet service providers’ consumer service agreements. This proposed ban is just one among many unfortunate features in the latest misguided effort by the ... The FTC, not the FCC, Should Regulate Internet Privacy
An FCC ban on arbitration of privacy claims would be the anti-consumer-protection approach
Over the weekend, Senator Al Franken and FCC Commissioner Mignon Clyburn issued an impassioned statement calling for the FCC to thwart the use of mandatory arbitration clauses in ISPs’ consumer service agreements — starting with a ban on mandatory arbitration of privacy claims in the Chairman’s proposed privacy rules. Unfortunately, their call to arms rests ... An FCC ban on arbitration of privacy claims would be the anti-consumer-protection approach
FCC Disregard of the Rule of Law Requires Legislative Reform
On October 6, the Heritage Foundation released a legal memorandum (authored by me) that recounts the Federal Communications Commission’s (FCC) recent sad history of ignoring the rule of law in its enforcement and regulatory actions. The memorandum calls for a legislative reform agenda to rectify this problem by reining in the agency. Key points culled ... FCC Disregard of the Rule of Law Requires Legislative Reform
Time to Repeal the FTC’s Common Carrier Jurisdictional Exemption (Among Other Things)?
Section 5(a)(2) of the Federal Trade Commission (FTC) Act authorizes the FTC to “prevent persons, partnerships, or corporations, except . . . common carriers subject to the Acts to regulate commerce . . . from using unfair methods of competition in or affecting commerce and unfair or deceptive acts or practices in or affecting commerce.” ... Time to Repeal the FTC’s Common Carrier Jurisdictional Exemption (Among Other Things)?
