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Monday, January 20, 2025

Supreme Court Upholds TikTok Ban, and Domestic and Foreign Censors Rejoice–TikTok v. Garland January 17, 2025 · by Eric Goldman

4300 words of burn SCOTUS & Congress by Eric

"Congress is kicking TikTok out of the speech marketplace because it doesn’t like who owns TikTok. We’ve tolerated Congress’ control over foreign ownership of broadcasters because of the limited number of broadcast licenses, but even that restriction gives the government troubling control over who get the right to broadcast. When there isn’t a scheme of restricted licenses, giving Congress (or any legislatures) the power to pick-and-choose who owns the printing presses is extraordinarily censorial. It’s ripe for partisan abuse, too."

Sunday, January 19, 2025

TeleFrieden: Unintended Consequences When the FCC Cannot Use It...

TeleFrieden: Unintended Consequences When the FCC Cannot Use It...:            The conservative majority in the Supreme Court has worked tirelessly to prevent regulatory agencies from using their expertise to...

TeleFrieden: The Deeply Baked First Amendment Rights and Limite...

TeleFrieden: The Deeply Baked First Amendment Rights and Limite...: The network neutrality tennis match has been called in favor of the Republican Information Service team over Network Neutrality Democrats....

App stores, antitrust and their links to net neutrality: A review of the European policy and academic debate leading to the EU Digital Markets Act

Useful for enforcement of the #TikTok banGoogle and Apple’s smartphone and tablet ‘app’ stores are facing significant antitrust scrutiny in Europe, culminating in enforcement action by the European Commission and specific obligations in the new EU Digital Markets Act. In a field previously dominated by US law and jurisprudence, we review the main European antitrust-related evidence and policy arguments for and against such app store regulation. We further show how this discourse is linked to the heavily-contested policy area of network neutrality.

Thursday, September 28, 2023

US return of the #netneutrality zombie - for Johannes Bauer's year as FCC Chief Economist!

FCC details plan to restore the net neutrality rules repealed by Ajit Pai

Democrats finally have 3-2 majority needed to regulate ISPs as common carriers.

 Rosenworcel's proposed rules will mostly mirror those approved under then-Chairman Tom Wheeler in 2015, senior FCC officials said in a call with reporters today. The proposal would classify broadband providers as common carriers under Title II of the Communications Act, providing the legal authority to impose net neutrality rules and other regulations.

Broadband providers are likely to argue that rules aren't necessary because they've behaved themselves in the five years since the previous net neutrality order was repealed in 2018. To counter that argument, FCC officials today pointed out that ISPs are required to follow net neutrality rules in individual states even though the federal government doesn't have uniform rules for the whole country.

Then-Chairman Ajit Pai's attempt to preempt all state net neutrality rules was rejected in court. California enforces net neutrality rules that mirror what the FCC adopted in 2015 and beat industry attempts to get the state law overturned.

FCC officials said today that nearly a dozen states enforce net neutrality through state laws, government contracting policies, or executive orders. 

Tuesday, February 21, 2023

Return of the Net Neutrality Zombie - podcast

 Breaking a 49 month blog fast to post a link to this enjoyable (for me!) chat with Caroline de Cock from October 2022, just before Tiemo Wolken raised the issue in the European Parliament - now the podcast is published, just as Thierry Breton goes back to his oligopoly mobile roots to argue against net neutrality. Sigh...

Internet traffic is growing MORE SLOWLY THAN EVER! Telegeography, the authority on international traffic, states "COVID bump aside, the pace of growth has been slowing".

So this is more evidence-free policy consultation, or policy-based evidence making as I described it to the Kluge Center at the Library of Congress, at the end of a project on this distortion of reality to fit politics.

Tuesday, September 25, 2018