Net neutrality requires a bipartisan, legislative solution

Net neutrality requires a bipartisan, legislative solution
© Greg Nash

Senate Democrats invited reporters to a press conference last month underscoring their ongoing opposition to the Federal Communications Commission's new Restoring Internet Freedom Order. The lawmakers — focused on pushing to the Senate floor a Congressional Review Act (CRA) vote — took turns stepping up to the mic to offer their hyperbolic thoughts on the order, which lifts Obama-era rules that sought to regulate the Internet as if it were a public utility.

Sen. Bill NelsonClarence (Bill) William NelsonRepublicans amp up attacks on Tlaib's Holocaust comments The muscle for digital payment Rubio says hackers penetrated Florida elections systems MORE (D-Fla.) declared that FCC Chairman Ajit Pai committed an “all-out assault on consumers,” while Sen. Richard Blumenthal (D-Conn.) said the order “[strangles] freedom of communication.” Sen. Tammy DuckworthLadda (Tammy) Tammy DuckworthDuckworth tweets photo of female senators showing up first for committee quorum: 'Women getting it done!' Overnight Energy: States fight Trump rollback of Obama lightbulb rules | Greens seek hearing over proposed rule on energy efficiency tests | Top Dem asks GAO to investigate climate threat Top Democrat calls for GAO to investigate climate threat MORE (D-Ill.) added that the “un-American” decision will result in small businesses getting “crushed.”

More of the same has been uttered this week during a comically-misnamed “Net Neutrality Day of Action,” but before the caterwauling starts again, let’s take a deep breath.

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It’s clear that these bombastic remarks are merely political theater. The reality is that if policymakers really care about ensuring net neutrality in 2018, they should cease with peddling propaganda tactics and wasting taxpayers’ time — and instead work together on comprehensive, bipartisan legislation.

 

The good news on this front? There is widespread support in both parties and across the technology industry for such legislation. Sen. John ThuneJohn Randolph ThuneHillicon Valley: Trump takes flak for not joining anti-extremism pact | Phone carriers largely end sharing of location data | Huawei pushes back on ban | Florida lawmakers demand to learn counties hacked by Russians | Feds bust 0M cybercrime group Senate Commerce chair to renew push for regs on self-driving vehicles Hillicon Valley: Facebook co-founder calls for breaking up company | Facebook pushes back | Experts study 2020 candidates to offset 'deepfake' threat | FCC votes to block China Mobile | Groups, lawmakers accuse Amazon of violating children's privacy MORE (R-S.D.), chairman of the Senate Commerce Committee, has reiterated that he’s “willing to work with any and all supporters of net neutrality” on a bill. Recognizing the need for a law, Sen. Ed MarkeyEdward (Ed) John MarkeyTrump faces criticism for hosting Hungary's leader Bill Nye tees off on climate change skeptics: 'The planet is on f---ing fire!' Sanders to join Ocasio-Cortez in headlining Green New Deal rally Monday MORE (D-Mass.) previously sponsored a net neutrality bill and should be eager to join his colleagues in rebooting the initiative.

So-called edge providers have also called for a legislative fix. Facebook CEO Mark ZuckerbergMark Elliot ZuckerbergButtigieg: Political leaders need 'some kind of literacy' to regulate tech giants Facebook restricts livestreaming in response to New Zealand attacks Hillicon Valley: WhatsApp issues fix after spyware breach | Pompeo warns Russia against interference | Florida gov confirms election hacking | Federal labor board's lawyer calls Uber drivers contractors | Graham zeroes in on 5G security MORE wrote that his company is “open to working with members of Congress and anyone else on laws to protect net neutrality.” The Internet Association, which represents firms such as Amazon, Google, Netflix, Twitter, and Reddit, issued a statement saying it “remains open to Congress enshrining strong, enforceable net neutrality protections into law.”

Besides moving our political discourse forward, a net neutrality bill would at last establish permanent rules addressing this issue. Until that happens, policy surrounding net neutrality will continue to flip back and forth as Republicans and Democrats take turns in the governing majority.

Predictable policy will strengthen consumer protections, but in the meantime the FCC made vast strides in this imperative with the recent Restoring Internet Freedom Order. The order increases transparency from service providers and directs the Federal Trade Commission to protect consumers from anticompetitive business practices. The FCC also returned internet regulation to the light-touch approach initiated by the Clinton administration and supported by both Republican and Democratic policymakers for over two decades — until partisanship ended that light-touch regulatory environment in 2015.

The Senate CRA would reinstall the heavy-handed regulatory rules that caused a significant drop in telecommunications investment.

Low investment levels harm consumers in the form of unrealized internet access, particularly in rural areas of the country. In so doing, that slows the technological innovations — in everything from first responder communications to traffic system management — that can deliver smarter, less costly government services for taxpayers.

The CRA push by opportunistic Democrats would both reinstate the archaic rules that strangled technological investment and innovation, and return internet regulation to the back-and-forth regime that will cause confusion and uncertainty in the market. The only way forward is with a legislative solution — not by outsourcing power that Congress has to an executive agency.

Our senators have the opportunity to find common ground and pass substantive legislation addressing net neutrality principles. Members expending time and effort on charades including the “Net Neutrality Day of Action” and the Senate CRA should instead shift their priorities to this productive and attainable goal.

Pete Sepp is president of National Taxpayers Union, a nonpartisan citizen group founded in 1969 to work for lower taxes, limited government, and economic freedom at all levels.