The state of net neutrality
Plus, more on broadband, and our thoughts on the EARN IT Act and the recent flurry of social media regulation proposals.
This week, President Biden delivered his annual State of the Union address. While many among us took the opportunity to analyze his political rhetoric, two types of people — the politically cynical and the sartorially inclined — chose to assess it as a fashion show. This isn’t just my own predilection — even The New York Times called it a “costume drama!”
As far as I’ve heard, few eyes were drawn to Biden’s fairly plain outfit. Vice President Harris’s brown monochrome moment garnered much more attention, positive and negative alike. Notably missing? Senator Sinema, whose style is notoriously joyful and fun. But the real star of the evening was the sea of blue and yellow outfits worn in solidarity with Ukraine in its struggle against the Russian invasion. Even these small, symbolic nods toward support for Ukraine’s freedom are refreshing.
Broadband. As we noted last week, the net neutrality battle has spread to the states (sigh). Ten days ago, we joined an amicus brief urging the Ninth Circuit to re-hear a case involving California’s net neutrality law. This week we were at it again, filing an amicus brief of our own in the Second Circuit. This new brief urges the court to uphold an order blocking a New York law that would impose price caps on broadband service. As we explain, New York’s arguments, if accepted, would open the door to intrusive state regulation of much more than broadband. If New York wins this appeal, the states could set market entry or exit requirements, price caps, or pay-for-data rules on email, text messaging, cloud computing, and much more. Not good! Our press release announcing the brief is here, and you can share it on Twitter here. Corbin was quoted in a Law360 article (paywall) covering the case and our brief.
Activists like to shower the American broadband industry with criticism. On a new Tech Policy Podcast, Robert Atkinson, president of the Information Technology and Innovation Foundation, highlights the activists’ ultimate goal: to turn broadband into a government-run utility. Rob speaks with Corbin and Jim about the holes in the activists’ arguments, the problems with municipal broadband, and the (pretty darn good) state of the broadband industry.
EARN IT. Over the last few weeks, we’ve been sharing letters with the Senate Judiciary Committee and commenting to the press about the dangers of the EARN IT Act for both encryption and the effective prosecution of CSAM cases. Yesterday, we joined a team of limited-government organizations in signing onto yet another letter to Senate Judiciary, pointing out the “threats to liberty, security, and the safety of children” inherent in the EARN IT Act.
Social Media Regulation. On Tuesday, the House Energy & Commerce Committee’s Consumer Protection and Commerce Subcommittee held its third “Holding Big Tech Accountable” hearing to discuss several bills proposed by Democrats and Republicans. Ari live-tweeted the hearing, pointing out the fundamental misunderstandings that legislators hold onto and highlighting the threats that some of these ideas pose to free speech and an open, secure Internet.
Last Friday, TechDirt highlighted our coverage of many of those same misunderstandings in an Above the Law piece about the problems S. 2992 (the American Choice and Innovation Online Act) and S. 2710 (the Open App Markets Act) pose for content moderation. Thanks, TechDirt!
Ari also joined the Civic Genius podcast to discuss misinformation, what Section 230 does, and how both interact with our First Amendment rights.