A Stronger Path To Net Neutrality?

As an internet user, as a believer in a free and democratic society, and as a capitalist adverse to rent-seeking behavior, I vigorously support net neutrality.

I do feel the need to point out that some people – people who feel the same way as I do! – have suggested that legislative enactment of net neutrality is not the best way to achieve it.

Their argument is: the FCC’s plan is powerfully ripe for challenge in the courts. There is a very good chance that the courts will find net neutrality as a Constitutional right. Such a finding would guarantee net neutrality with a much greater level of protection – for legislation can be repealed at any time by new legislation, but a Constitutional right, once found, requires a full Constitutional amendment to subvert.

There is also the suggestion that this is a low-risk strategy, for if the courts fail to find this higher protection, legislative action could be taken immediately – same as now.

I certainly won’t cry if Congress does the right thing. But I am tempted to support this alternative strategy as a way of more strongly guaranteeing net neutrality, now and into the future.

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~ by davekov on 21 November 2017.

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