Feb 24, 2015 | Business, Politics
Writes L. Gordon Crovitz on From Internet to Obamanet - WSJ:The permissionless Internet, which allows anyone to introduce a website, app or device without government review, ends this week. On Thursday the three Democrats among the five commissioners on the Federal Communications Commission will vote to regulate the Internet under rules written for monopoly utilities. [...] The more than 300 pages of new regulations are secret, but Mr. Wheeler says they will subject the Internet to the key provisions of Title II of the Communications Act of 1934, under which the FCC oversaw Ma Bell.
It easier for three dictators -- I mean regulators -- to pass regulations that no one has read apparently.Title II authorizes the commission to decide what “charges” and “practices” are “just and reasonable”—an enormous amount of discretion. Former FCC Commissioner Robert McDowell has found 290 federal appeals court opinions on this section and more than 1,700 FCC administrative interpretations.
"Discretion" of a regulator as opposed to protection under a rule of law is the mark of fascism and dictatorship.Defenders of the Obama plan claim that there will be regulatory “forbearance,” though not from the just-and-reasonable test. They also promise not to regulate prices, a pledge that Republican FCC Commissioner Ajit Pai has called “flat-out false.” He added: “The only limit on the FCC’s discretion to regulate rates is its own determination of whether rates are ‘just and reasonable,’ which isn’t much of a restriction at all.”
How will such a 'just an reasonable' test apply in practice?Bureaucrats can review the fairness of Google ’s search results, Facebook ’s news feeds and news sites’ links to one another and to advertisers. BlackBerry is already lobbying the FCC to force Apple and Netflix to offer apps for BlackBerry’s unpopular phones.
The FCC takeover is a naked violation of property rights of those who own the hardware and software behind the internet.Returning to Mr. Crovitz:Supporters of Obamanet describe it as a counter to the broadband duopoly of cable and telecom companies. In reality, it gives duopolists another tool to block competition. Utility regulations let dominant companies complain that innovations from upstarts fail the “just and reasonable” test—as truly disruptive innovations often do. AT&T has decades of experience leveraging FCC regulations to stop competition. Last week AT&T announced a high-speed broadband plan that charges an extra $29 a month to people who don’t want to be tracked for online advertising. New competitor Google Fiber can offer low-cost broadband only because it also earns revenues from online advertising. In other words, AT&T has already built a case against Google Fiber that Google’s cross-subsidization from advertising is not “just and reasonable.”Utility regulation was designed to maintain the status quo, and it succeeds. This is why the railroads, Ma Bell and the local water monopoly were never known for innovation. The Internet was different because its technologies, business models and creativity were permissionless.
Don't let it go.Keep the Internet free.Feb 11, 2015 | Politics
From What Would Jesus Do About Measles? - NYTimes.com:
Two fundamentalist Christian churches — Faith Tabernacle Congregation and First Century Gospel Church — were at the heart of the outbreak. Children had not been vaccinated, and when they became ill, their parents prayed instead of taking them to the hospital to receive the intravenous fluids or oxygen that could have saved their lives of those with the worst cases. “If I go to God and ask him to heal my body,” said a church member, Gordon Korn, “I can’t go to a doctor for medicine. You either trust God or you trust man.”
Public health officials turned to the courts to intervene. First, they got a court order to examine the churches’ children in their homes, then to admit children to the hospital for medical care. Finally, they did something that had never been done before or since: They got a court order to vaccinate children against their parents’ will. Children were briefly made wards of the state, vaccinated and returned to their parents. At the time, a religious exemption to vaccination had been on the books in Pennsylvania for about a decade.
To prevent doctors from violating his church’s beliefs against vaccination, the pastor of the Faith Tabernacle Church asked the American Civil Liberties Union to represent him. It refused. “There is certainly a free exercise of religion claim by the parents,” said Deborah Levy, of the Philadelphia chapter of the A.C.L.U., “but there is also a competing claim that parents don’t have the right to martyr their children.”
When spring came and the epidemic faded, C.D.C. officials published the results of their investigation. Over a third of those infected — 486 of 1,424 — belonged to one of those two churches, as did six of the nine dead children.
At the Children’s Hospital of Philadelphia, we saw more than 200 children in our emergency department and admitted about 40. Children would come in, covered in rashes, squinting in the bright light (a side effect caused by eye irritation), struggling to breathe and often extremely dehydrated. It was like being in a war zone. When I asked their parents why they had done what they had done, they all had the same answer: “Jesus was my doctor.”
Jan 16, 2015 | Business, Politics
From Don't Let It Go:At the top of the second hour of today’s show I’ll have the pleasure of interviewing John Allison, who is currently President and CEO of The Cato Institute, and formerly was the CEO of BB&T, the 10th largest financial institution in the United States. We’ll be discussing his book, The Leadership Crisis and the Free Market Cure: Why the Future of Business Depends on the Return to Life, Liberty, and the Pursuit of Happiness, in which Allison presents the principles necessary to achieve success and happiness—principles applicable to individuals, organizations and society as a whole.During the first hour I’ll be discussing some news more generally, most likely focusing on the current hostage situations in France, one of which involves the jihadists who massacred 12 journalists and cartoonists working for Charlie Hebdo, the French satirical magazine that dared to mock Islam and Mohammad.Join in live, either by phone or in the chatroom.The show can be accessed here.