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Attack on internet freedom continues

Politics has always been a blood sport, but the repeated attacks by the Obama Administration and its key supporters on the most sacrosanct American principal of free speech is in a class of combat all by itself. Despite a loss on January 14 in the U.S. Appeals Court in its attempt to regulate the internet, the White House is heading for a third try, this time before the U.S. Circuit Court of Appeals for the District of Columbia.

The Wall Street Journal notes that “At stake is whether the Internet remains safe for permissionless innovation—so that anyone can launch a website, app or new business model—or regulators get to set rates and decide the “reasonableness” of business practices…The politicizing of an agency whose independence is established by law is a good argument to invalidate Obamanet.”

Key analysts, such as the Manhattan Institute’s Brian C. Anderson have described the move as a “power grab” by the President.

CATO notes “Last February 26th, the Federal Communications Commission officially mandated that the Internet would henceforth be regulated under Title II of the Telecommunications Act. With this action, the FCC totally reversed over 30 years of aggressive “unregulation” of the Internet (and all information services), imposing the most restrictive regulatory framework available under the act, originally adopted in 1934 to regulate the then-monopoly Bell System.”

Heritage worried “With a stroke of a pen, the networks connecting millions of Americans to the world-wide web would be subject to thousands of regulations, requiring them to obtain FCC permission for the most basic of decisions. The nimble Internet we know would be slowed to the speed of government, and innovation level of a local water company.”

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Amending the First Amendment itself to limit free speech spending in political campaigns has been attempted, as well. As the New York Analysis has previously reported, “over the past several years, this keystone right has come under significant attack…As  Hans A. von Spakovsky and Elizabeth Slattery wrote in a Heritage article, “Frustrated with the Supreme Court’s consistent defense of political speech protected by the First Amendment, the Left is driving a movement to amend the Constitution to allow Congress to limit fundraising and spending on political speech. Supporters of this amendment claim that restricting the amount of money that may be spent on political speech and activity is not the same as limiting speech, but as the Supreme Court has recognized, bans on spending are indeed bans on speech. Limiting spending on political communication necessarily affects the quantity and quality of that speech. Rather than ‘level the playing field,’ this constitutional amendment would protect incumbents and violate a fundamental right of Americans.”

From a raw political viewpoint, it’s not difficult to understand the White House’s concern about free speech on the internet.  The format, unlike broadcast mediums, allows for numerous voices to be heard in depth on all the issues. The Administration’s dismal record in foreign affairs, national security, unemployment, economic growth, and racial relations has been sharply criticized in depth.

Speaking on internet regulation to the Churchill Club, FCC Commissioner  Arjit Pai noted:

“In some regards, the way this issue is playing out reminds me of the lyrics from the classic James Bond theme song Goldfinger, sung by the great Shirley Bassey. Like Goldfinger, the FCC’s leadership is pouring golden words into the ears of over-the-top providers, beckoning them to enter its web of sin, or in this case, regulation. But my advice to providers is the same as Dame Bassey’s: “Don’t go in.” For you will soon find yourselves ensnared in a web of regulations from which you will never escape.”