November 9, 2011

Net Neutrality Lacks Data Demonstrating a Problem

Jerry Ellig

Research Professor, George Washington University Regulatory Studies Center

If ever there was a regulation that illustrated why independent regulatory agencies ought to be required to conduct solid regulatory analysis before writing a regulation, net neutrality is the one.

The net neutrality rules have virtually no analysis of a systemic problem that actually exists, and no data demonstrating that the problem is real.

Instead, the FCC’s order outlines the incentives Internet providers might face to treat some traffic differently from other traffic. Then it offers up just four familiar anecdotes that have been used repeatedly to support the claim that non-neutrality is a significant threat.

Thus far, no administration of either party has sought to apply Regulatory Impact Analysis requirements to independent agencies. If administrations won’t, Congress should.

For more, read Jerry Ellig’s full post at The Technology Liberation Front.