Policy Documents

Jurisdiction: The $64,000 Question

Barbara Esbin –
November 6, 2009

Matthew Lasar asks the $64,000 question on Ars Technica: “Did Congress really give the FCC power to protect the Net?” The answer, as I have written repeatedly in an essay, law review article, and together with Professors James B. Speta and Glen O. Robinson in an Amicus Brief, is: No, it did not.  At least, it did not for any of the reasons advanced by the Federal Communications Commission to date.  If the FCC is to regulate the Internet – an outcome I do not think necessary or beneficial – we would be better served by having Congress debate and pass such legislation, than by having unelected government officials attempt to make it up as they go along.

Read Barbara Esbin's entire paper on this subject by clicking the "pdf" link below.