Gus Hurwitz on Title II Regulation Under Biden Administration

Inc. – ICLE Director of Law & Economics Programs, Justin (Gus) Hurwitz, was quoted in on 

But while small ISPs didn’t stand to gain much from the repeal of net neutrality, a hasty return to classifying them as a utility under Title II (which in effect, is what net neutrality did) may also create uncertainty in the market, cautions Professor Guz Hurwitz, an associate professor of law at the University of Nebraska Lincoln.

“In the longer run, Title II regulation would create some threat of ongoing regulation which could detract capital investment in the market,” Hurwitz says. “These effects, however, more likely affect larger ISPs to a greater extent than they affect smaller ISPs.”