Geoffrey Manne on Net Neutrality in IAPP

IAPP, reporting on the likelihood of reversing the FCC’s repeal of Net Neutrality, quoted ICLE Executive Director Geoffrey Manne:

But Geoffrey Manne, executive director at the International Center for Law and Economics, doesn’t see the regulatory scheme, as it technically exists now, as problematic. He thinks the FTC has plenty to go on. Largely because, even if the 9th Circuit court’s initial ruling were to stand, and common carriers were designated based on status and not activity, the ruling technically only applies to companies headquartered in the 9th Circuit. Plus, suing a company in court is only one of the FTC’s enforcement options.

“The FTC has lots of mechanisms for getting around [the ruling], not the least of which being administrative adjudication,” Manne said. “I think far more likely is that it would have very limited effect beyond the 9th Circuit.”

Alternatively, Manne said, what if the FTC simply decided it didn’t agree with the FCC’s terms? Who gets to decide who a common carrier is? “In the world in which Title II still applied,” he said, “we all act as if regulation by the FCC under Title II equals common carrier status under the FTC Act, but I don’t know that’s necessarily the case.”

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