Obama Proposes Regulation of the Internet to Achieve Net Neutrality

On November 10, President Obama called on the FCC to adopt regulations that would require net neutrality, or non-discrimination, in the operation of the Internet.  The Wall Street Journal today has an interesting column by Andy Kessler suggesting that this proposal would result in full-scale traditional utility-style regulation of the entire Internet.  According to Kessler, the President's call to regulate under Title II of the Federal Communications Act would give the FCC the power to regulate all aspects of Internet service, including prices.

My initial reaction was that this was an exaggeration –  in order to achieve net neutrality, all that is  required are anti-discrimination regulations.  For example, when airlines were deregulated in 1978, the statute eliminated pricing regulation for domestic air transportation, but retained the statute permitting discrimination in air transportation.  I would suggest that this is probably the goal of the administration – not full-scale regulation of the Internet.

However, it seems clear that regulation under Title II would encompass much broader forms of regulation than those required to achieve net neutrality.  This was explained in an excellent brief summary of the issue in Time Magazine.  Mr. Kessler may have a point.