Government Takeover of the Internet Moves Forward by Agency Decree

By: John W. Wallace

On March 15th of 2011, the Energy and Commerce Committee in the House of Representatives passed a resolution of disapproval (H.J. Res. 37) intended to reverse the Federal Communications Commission's "Net Neutrality" regulations that were created back in December of 2010, without congressional approval, and which are scheduled to take effect this summer.

By redefining their own authority and claiming jurisdiction over all of the Internet, the FCC Board has set themselves up as ultimate arbiters of how Internet Service Providers (ISPs) will carry on business, from pricing to "blocking" and prioritizing traffic. Without any legislation being passed and against the wishes of the majority of congress, the FCC simply rewrote the rules and regulations to give themselves the sole authority and power for creating new rules and handing out the punishment for those who would dare to disregard the royal decrees of this august agency.

To make matters worse, many of the details of the December regulation changes still have not even been made public yet, but the presidential "kill switch" claim for emergencies, and controlling all links between the United States and the rest of the world are expected to be included along with a monitoring system for affordability and capacity purposes.

The problem with "Net Neutrality" is that most people take the term quite literally, believing the government just wants to keep the Internet a neutral medium and that the FCC is totally dedicated to protecting "the freedom and openness of the Internet." But as we've come to know, whenever the government interferes in the free market, the result is usually a distorted and uncompetitive market (Fannie Mae and Freddie Mac) as well as the loss of some individual freedoms and choices.

Unlike Congress, the FCC has never been given the authority by the people of America to make laws. As with all things connected to big government -- consider the IRS, EPA, TSA, FDA, etc., -- the FCC would become a regulatory law unto itself, a gigantic bureaucracy capable of restricting the peoples' freedom and ingenuity, while stifling competition and harming broadband investment through price controls.

Another federal regulatory agency, the Environmental Protection Agency (EPA) has also recently created new rules and regulations out of thin air (against the wishes of Congress and without any legislation). These new regulations are designed to tax businesses and raise gas prices even more than they are now, in order to pursue its climate change agenda.

The Internet has become an incredible force for freedom and liberty throughout the world because it provides people with easy access to a wide variety of information, including alternative points of view, and the communication is virtually instantaneous. With their new self-issued regulations, the FCC would now have virtual control of everything that goes out over the internet, including the power to control what they will allow you to read or see at some point in the future. With no congressional oversight, their power will be absolute. The Internet has flourished exactly because our government has historically maintained a hands-off approach to it. That will change if the FCC's power grab is not reversed.

Government oversight and control of the Internet would be a violation of the First Amendment if it attempts to put any limitations on the exchange of information or of the content on the internet.

Americans have come to depend on the Internet, so opposing an unconstitutional federal government takeover in this area is vital. There are no major cyber security threats that private enterprise cannot handle better than the government, nor are there any problems with Internet Service Providers that savvy consumers can't cope with by simply switching companies. At the very least, any changes in rules and regulations, or expansion of power by federal regulatory agencies should be reviewed by both houses of congress to be either approved or not.

It is a dangerous precedent to allow federal government regulatory agencies to simply expand their authority by just changing definitions, replacing a few words here and there, or by adding a few sentences. Unfortunately, these unconstitutional power grabs by unelected bureaucrats are happening more and more. It is up to the people, through their congressional representatives and the legislative process, to make changes in regulations when needed. It should not be left up to unelected bureaucrats who are only interested in increasing their own power and pushing their own political agendas.

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