With the rise of our big-government state, many of us have become almost used to the idea that if government regulators want to do something, then they can. Their power is often considered limitless. And it was on this assumption that President Obama, and his radical FCC Chairman Julius Genachowski, based their plans for a government takeover of the internet, under the guise of “net-neutrality”.
Except a small problem for this power grab has arisen: turns out, it probably isn’t legal. In a recent paper by former Solicitor General Gregory Garr, the arguments underpinning the legality of this power-grab were demolished, and even most of the left now concede that, as currently planned, “net-neutrality” would most probably be illegal.
Essentially the issue is as follows. Currently, the internet falls under Title One of the Communications Act. This has been confirmed by the Supreme Court of the United States. The problem for proponents of this government hijacking of power is that the power the FCC has under Title One of the Communications Act is rather limited in scope, and they most probably do not have the authority to enact the sweeping regulations that they desire under the Act.
Conceding this point, many on the left have begun to argue that, notwithstanding previous FCC rulings, and Supreme Court precedent, the internet should be moved under Title 2, which currently applies to ‘common carriers’ such as television, and gives the FCC considerably broader power to regulate and indeed micromanage production. Attempts to move the internet to Title 2 have been repeatedly proposed in Congress, and have repeatedly failed, so now the left want to use regulatory gimmickry to bypass Congress and surreptitiously reclassify the internet by Administrative fiat (a move whose legality is questionable, at best).
Make no mistake, if the radical left succeed in this goal, “net neutrality” will be just the beginning. The FCC will have sweeping, overarching, authority to regulate all content on the internet. These are the same people who impose censorship on television, and online censorship will surely follow soon, not to mention all sorts of other restrictions on freedom.
Never forget that the driving force behind this, Robert McChesney from Free Press, is the man who argued – literally – that this is a necessary prerequisite for a socialist revolution, saying “Instead of waiting for the revolution to happen, we learned that unless you make significant changes in the media, it will be vastly more difficult to have a revolution”.
If the left are successful in this power grab, say goodbye to an open, flexible, consumer-driven internet, and say hello to a big-government, regulated, censored behemoth.
With everyone's focus currently being on the Administration's efforts to ram government run healthcare down the throats of an unwilling public, little attention has been paid to the disastrous trade policies of this Administration.
Just last week, Brazil imposed trade sanctions on the United States for our anti-competative subsidies, the latest in a number of countries that have begun to take action against President Obama's anti-trade stance. As we have stated previously, one of the hallmarks of President Obama's first year in office has been his radical protectionist stance.
As James James Pethokoukis, the Money & Politics columnist for Reuters Breakingviews, notes:
Hit Read More to continueObama has not nudged Congress to pass long-stalled treaties with Colombia, Korea and Panama. Instead, the emphasis has been on get-tough actions such as slapping preliminary duties on tires from China and bricks from Mexico. Nor has he tried to energize the Doha trade talks, pushing Brazil to first litigate via the World Trade Organization and now retaliate. And in the U.S., high unemployment has encouraged protectionist forces in Congress. A bipartisan House group just introduced a new bill to abandon the North American Free Trade Agreement, while one in the Senate is pushing for action against China because of its weak currency policy.
Americans for Tax Reform applauds the letters sent by business leaders and governors supporting Sen. Lisa Murkowski (R-Alaska) resolution of disapproval which would prevent the Environmental Protection Agency (EPA) from imposing economically-harmful regulations on stationary sources of greenhouse gas emissions.
“If Senators were wondering what Americans thought about the EPA’s backdoor attempts to regulate greenhouse gases, these letters will dispel any illusions that such unprecedented measures are tolerable,” said Grover Norquist, President of Americans for Tax Reform. “People see this as an attempt to subvert the will of the American people their elected officials, and they are angry about it.”
Click here for the Governor's letter and here for the broad-based industry letter.
Click "read more" to view ATR's full press release or get the PDF document.
Americans for Tax Reform's Notes
Latest Developments In The Fight To Stop A Govt Internet TakeoverMar 12, 2010
Obamacare, Free Trade, & Our Economic ProsperityMar 12, 2010
Pushback Against EPA’s Attempts to Regulate Carbon Emissions GrowsMar 11, 2010
Minnesota Gubernatorial Candidate Running on a Platform of Tax HikesMar 11, 2010
The Evergreen Tax and Fee SpreeMar 10, 2010
The Left Agree: Obamacare Ushers In Their Radical Ideological AgendaMar 9, 2010
We we ought focus on cutting taxes & spending, not deficitsMar 9, 2010
Does the Obamacare Investment Surtax Apply to Capital Gains?Mar 9, 2010
More on the VATMar 8, 2010
Public Sector JobsMar 8, 2010














