Introduction
For two decades, the core argument of network neutrality proponents6 has been as follows: the Internet is important; therefore, it must be regulated.1
For nearly as long, the Commission has sought to regulate America’s broadband providers. The Commission’s current NPRM in this proceeding represents a fourth bite at the apple.2 Yet after years of protracted legal fights and appeals, and thousands of pages added to the Federal Register, the Commission has yet to implement an enduring set of network neutrality rules.3
There are two simple reasons for this. First, the FCC lacks the statutory authority to regulate broadband providers. Second, even if the FCC had statutory authority to regulate broadband providers, doing so would cause more harm than good.
In its NPRM, the Commission attempts another argument: national security. This novel argument lacks both statutory authority and plausible benefits.