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Tech Regulation

“Crypto” vs Bitcoin and Why It Matters for Policy

By Yaël Ossowski

One frequent social media criticism against our consumer organization is that we discuss smart policy on “crypto” more broadly rather than just Bitcoin.

Realistically, that means we focus on the significant regulatory hurdles to the general “crypto” economy rather than focusing solely on the merits of Satoshi’s invention of Bitcoin and a path to its universal adoption.

Whatever our thoughts on Bitcoin as the one and true asset, the political narrative is about a category of digital assets and digital cash. Regulators don’t care if you’re stocked up on DOGE or BTC, they just know that you have it, it has value, and they want a cut.

At this moment, there are thousands of online crypto services, wallets, and apps that are only available to you based on your passport or your street address.

And this only gets worse if we don’t push smart and innovation-friendly solutions that will keep the confiscatory and bureaucratic tendencies of national and supranational governments at bay.

That’s because the greatest impediment to any growth in the crypto economy, “hyperbitcoinization”, or whatever you want to call it, is the on and off-ramps. Fiat to crypto, crypto to fiat.

Until people independently charge and get paid in crypto, or create mining collectives in their communities, the on-off ramps will shape adoption, and because these ramps are governed by financial regulators, there will always be a bottleneck.

Or a threat that only certain countries with more relaxed rules will allow on-off ramps, which will necessarily limit market penetration and any crypto future.

The lower we can make the transaction costs (as an economic principle, not dollars and cents) to on-off ramping, the closer we can get to broad crypto adoption. And that means treating crypto as a category in any policy debate or conversation, whatever our personal preference

The arguments of the best cryptocurrencies can and should be fought, and coiners already vote with their wallets, their code, and their clicks. But regulation matters.

If you’re interested in learning more, check out our principles for smart crypto regulation here, and support our efforts to promote these principles at the legislative level by supporting our BTCPay server below, or with altcoins on our donate page.

Why Consumers Should Oppose the Latest Senate Antitrust Actions

By Yaël Ossowski

The U.S. Senate is considering two antitrust bills by Sen. Amy Klobuchar that would significantly harm both consumer choice and innovation.

Unfortunately, these bills have been co-sponsored by members of both political parties, creating what looks like a bipartisan consensus in the Senate chamber, but not one favored by the vast majority of American consumers.

Both the American Innovation and Choice Online Act and Platform Competition and Opportunity Act appear to be general antitrust regulations but are in fact targeted attacks on consumers who benefit from the services of a handful of tech companies.

While there are plenty of reasons to criticize certain tech companies and their business or moderation decisions, inviting the government to control, direct, or otherwise halt innovative goods and services from specific tech companies would create more problems for consumers than it would solve.

Don’t You Dare Sell Your Own Products

The first bill would aim to outlaw “discriminatory conduct” by the platforms targeted, mostly concerning their own products and applications. Think of the vast array of Amazon Basics products, Google’s services other than search, or even Facebook offering Messenger.

These goods and services are offered by companies because the firms have built up specialized knowledge and consumer demand exists for them. Even though these firms sell products and offer services from third parties, they also sell their own, similar to Walmart’s “Good Value” brand or even “George” clothing line.

When it comes to tech offerings, as noted by Adam Kovacevich of the Chamber of Progress, this would basically halt Amazon Prime, it would block Apple from pre-loading iMessage and Facetime, and require Apple and other phone makers to allow third-party apps to be “sideloaded” outside the traditional app store. Not only would this be inconvenient for consumers who like and use these products, but it would also make it harder to innovate, thus depriving consumers of better goods and services that could come down the line.

Don’t You Dare Acquire Other Companies

The second bill more radically alters existing antitrust law by basically baring large-capitalization tech firms from acquiring or even investing in other firms. Again, this

The rise of Silicon Valley has been an unadulterated success for American consumers, owing to the entrepreneurship of startups, companies and investors who see value in them, and the unique pollination of both talent and capital that has made American technology a dominant global player.

This bill purports to ensure consumers are protected from the “evils” of Big Tech, but in reality, it would put American entrepreneurs at a significant disadvantage globally, inviting companies from illiberal countries to offer products to consumers and reducing the options and choices for anyone who enjoys technology products.

Why Consumers Should Oppose

Rather than protect the consumer, these bills would have serious impacts on the overall consumer experience and consumer choice: 

  • They would restrict the innovative growth of US platforms while giving tech firms abroad an advantage
  • They would degrade the consumer experience by reducing the options and services firms could offer 
  • They would empower the federal government to pick the winners and losers of technological innovation rather than consumers
  • They would limit the potential for small businesses to use these platforms to provide goods and services to their customers
  • They would increase the cost of regulatory compliance with federal mandates, which would raise prices for consumers

The American people benefit from a competitive and free market for all goods, services, and networks we use online. Weaponizing our federal agencies to break up companies, especially when there is no demonstrated case of consumer harm, will chill innovation and stall our competitive edge as a country.

If Congress wants to update antitrust for the 21st century they should:

  • Establish more clear penalties for breaches of data or consumer privacy and empower the Federal Trade Commission to act where necessary
  • Punish companies that violate  existing antitrust provisions that harm consumers
  • Better define the scope of the consumer welfare standard in a digital age

The internet is the ultimate playground for consumer choice. Government attempts to intervene and regulate based on political considerations will only restrict consumer choice and deprive us of what we’ve thus far enjoyed.

The overwhelming majority of users are happy with online marketplaces and with their profiles on social platforms. They’re able to connect with friends and family around the world, and share images and posts that spark conversations. Millions of small businesses, artists, and even news websites are dependent on these platforms to make their living.

Using the force of government to break apart businesses because of particular stances or actions they’ve taken, all legal under current law, is highly vindictive and will restrict the ability of ordinary people to enjoy the platforms for which we voluntarily signed up. 

We should hold these platforms accountable when they make mistakes, but not invite the federal government to determine which sites or platforms we can click on. The government’s role is not to pick winners and losers. It’s to ensure our rights to life, liberty, and pursuit of happiness, as the Declaration of Independence states.

A Crypto Surveillance Mandate In the Infrastructure Bill Must Be Rejected

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A Crypto Surveillance Mandate In the Infrastructure Bill Must Be Rejected

Washington, D.C. — Today, the US House is expected to take a vote on the bipartisan infrastructure bill that contains vast implications for cryptocurrency users.

Hidden inside is an amendment to tax code 6050I that could make receiving and failing to correctly report a digital asset (be it a cryptocurrency, NFT, or another type of digital asset) a felony. According to the amendment of 6050I, any US citizen who receives over $10,000 must report within 15 days the sender’s personal information such as Social Security number and tax ID. Failure to do so could result in mandatory fines and lead to a felony charge with up to five years in prison. 

As noted by University of Virginia School of Law Adjunct Professor Abraham Sutherland, it “relies on a 1984 law that was written to discourage in-person cash transfers and to encourage the use of financial institutions for large transactions”. By regulators once again applying old rules to an emerging asset class they are risking not only harming the consumer and the whole nascent industry but also further eroding the privacy of US citizens. 

“If passed, this amendment will stifle innovation and result in huge loss of value for consumers and businesses alike while further centralizing control over transactions that US citizens make. It will hurt a flourishing economy, and it will also have long-term effects in a future where digital assets are not going away,” said Yaël Ossowski, deputy director of the Consumer Choice Center, a global consumer advocacy group.

CCC’s Crypto Fellow Aleksandar Kokotović echoed those sentiments: “Not only US companies and investors would be hurt by this amendment, but also domestic consumers and retail investors, who would be severely discouraged from participating in the digital asset class economy which is now setting standards for decades to come.”

In an asset class that didn’t exist in 1984 when the original law was written, it is completely possible that the person receiving the funds would not have a specific individual or legal entity to report but rather that the ‘sender’ is a decentralized exchange or a group of individuals. This is just one example of the anachronistic stipulations of this amendment that are worrying consumers.

“Turning even small retail investors such as students into potential felons or subjecting them to outdated laws will only serve to limit the unparalleled economic growth currently provided by the sector, or risk pushing all investment and entrepreneurship to other jurisdictions,” added Kokotović.

As legislators and regulators seek to understand, contain, and regulate cryptocurrencies, last week the Consumer Choice Center published its list of common-sense principles for smart crypto regulation that will safeguard innovation, protect consumers, and adapt for technological and financial change.

“We recognize the importance of crypto regulation for keeping bad actors in check and providing a sound institutional framework. We also recognize that the nascent crypto finance space is ever-changing and rapidly evolving, and that overzealous regulation could cripple future potential,” said Ossowski. “We offer bedrock principles on smart crypto regulation for lawmakers, hoping to promote sound policies that will encourage innovation, increase economic inclusion across all income groups, all the while protecting consumers from harm,” he added.

In the coming weeks, the Consumer Choice Center will be meeting with legislative and regulatory officials to ensure these principles are upheld in any future regulation or guidance.
 

CONSUMER CHOICE CENTER’S PRINCIPLES FOR SMART CRYPTO REGULATION:

  • Prevent Fraud
  • Technological Neutrality
  • Reasonable Taxation
  • Legal Certainty & Transparency

The policy primer can be read in full here.
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The CCC represents consumers in over 100 countries across the globe. We closely monitor regulatory trends in Ottawa, Washington, Brussels, Geneva, and other hotspots of regulation and inform and activate consumers to fight for #ConsumerChoice. Learn more at consumerchoicecenter.org.

Why Democratic Control of the FCC Won’t Bode Well for Internet Freedom

By Yaël Ossowski

Late Tuesday afternoon, President Joe Biden revealed his nominations to the Federal Communications Commission.

As one would expect, his two nominations — Jessica Rosenworcel and Gigi Sohn — come from Democratic circles and have upheld progressive priorities for telecom policies.

Rosenworcel has been a commissioner since 2012 and served as acting chair since Ajit Pai left at the beginning of Biden’s term. She would be the first female chair of the FCC.

Sohn has been active in left-leaning nonprofits, but also worked as a counselor to former FCC chair Tom Wheeler. She has made a career in advocacy, government, and academia championing “open, affordable, and democratic communications networks,” according to the White House release.

What both nominees represent, if confirmed by the Senate, would be a return to a Democratic-majority FCC intent on revitalizing 2015-era “net neutrality” proposals. Activists are already celebrating a return to progressive policymaking at the nation’s telecom regulator.

While Biden’s nominations are no surprise — every president generally nominates commissioners from their own party — consumer advocates should be worried about the policy goals they will seek to pass.

Net Neutrality

The most pressing would be a reform of Title II regulations through “net neutrality”, effectively labeling Internet Service Providers as public utilities, essentially as protected monopolies.

As I wrote in the Washington Examiner in 2017, the basic premise of net neutrality reforms is to regulate ISPs like water suppliers or telephone companies, subjecting them to more active enforcement, standards, and regulations set by the FCC, so that all online traffic be considered “neutral and free from prioritization”.

What’s more, a Title II classification would treat ISPs are monopolies, which even by the most strained definition, cannot be true. There are close to 3,000 ISPs in the United States, all serving different populations and regions, though some players have larger coverage than others.

Sweeping these companies into the regulatory lens of the FCC under the auspices of public utilities would mean more restrictions and regulations on content and delivery of content on the Internet — a far cry from Internet freedom.

As a general principle for an open net, net neutrality is an important one. When internet providers have been accused of unfairly blocking or throttling consumers, they have rightfully been challenged by lawsuits and enforcement actions from the Federal Trade Commission. And we should generally want a system that won’t discriminate against Internet users based on the content they host or provide (we can also thank Section 230 for liability protections for online platforms).

However, since these regulations were proposed in 2014 under the Obama administration, there has never been a clear rationale provided as to why Internet companies should be regulated under the FCC rather than the FTC, as is the status quo. And from what we can tell, that change would likely impact consumers more than anyone.

For one, a public utility classification would mean much far-reaching power of centralized Internet regulation than exists currently, putting the innovative nature of the Internet at risk.

Providers would be tasked with significant regulatory compliance that would necessitate more administrative costs and fees. This would also threaten the expansion of start-ups and independent companies in the digital space, souring the efforts at creative entrepreneurship. All would be harmful to consumers.

With every successive administration in Washington, we can only imagine that enforcement of the rules and changing of the rules would be enough to create regulatory uncertainty for thousands of online businesses and the users who depend on them.

Second, as our experience from the history of public utilities demonstrates, there would likely be intense consolidation that would empower large companies with the means to comply with regulations and stunt innovative new start-ups. It would also disincentivize increased private investment in broadband services, as we have written about at the Consumer Choice Center, and exacerbate the effects of Biden’s infrastructure proposal on public broadband if it passes this fall.

While consolidation of ISPs is a grave concern to progressive Internet activists, this would only be made worse once a giant bureaucracy such as the FCC is given regulatory authority over them. As my colleague Elizabeth Hicks noted in the Detroit Times, often it is state and local regulations that impede greater competition among ISPs, not because of lax authority at the federal level.

Online Privacy

Both Rosenworcel and Sohn have also indicated that they would support a proposal for greater Internet privacy enforced by the FCC. While that would be great on principle, we would hope that a federal plan would punish bad actors and establish clear guidelines to ensure transparency and protect innovation, as we proposed in our data and consumer privacy policy note.

However, Sohn’s previous public statements, including when she was a fellow at the Open Society Foundation, demonstrate she’d want a wholesale restriction on the sharing of data, even among willing consumers and providers. That would put many vital services at risk.

What’s more, such a proposal would likely aim to further empower government enforcement on data privacy rather than embrace market innovations that already do just that.

Prices

Another significant area where a Democratic-majority FCC could seek action would be on the pricing of Internet services. Sohn has been quite vocal about fixing ISP prices and regulating the bundling of various services. This would undermine the competitive environment of ISPs and likely lead to lower quality and rationed services for users, degrading everyone’s Internet experience.

Sohn’s history at various nonprofit groups that have targeted and lobbied the FCC for more enforcement was indeed impactful, and it is not difficult to see how much of the outrage about net neutrality was due to these efforts. Unfortunately, this also coincided with serious death threats and security concerns for commissioners opposed to these plans.

If both nominees to the FCC are confirmed, it is clear that the battle for the open Internet will once again be relitigated. And if the past proposal is any indication, it will face significant opposition.

At the time of the original net neutrality rules, even the Electronic Frontier Foundation, seen as one of the most powerful Internet freedom groups, was skeptical about how far-reaching the net neutrality provisions were.

We can only imagine that now, buoyed by progressive victories on Capitol Hill and louder voices for regulating content and platforms on the Internet, these proposals will prove harmful to the interests of online users and consumers.

Yaël Ossowski is the deputy director of the Consumer Choice Center.

The fight over Facebook’s content censor button will make all users lose

By Yaël Ossowski

Once the so-called Facebook whistleblower revealed her identity and story, it was clear the narrative about the future of one of the largest social networking sites would soon go off the rails.

What Haugen revealed in her initial leaks to the Wall Street Journal, which they dubbed the “Facebook Files,” were documents and research on how Facebook had made decisions on which accounts to censor, survey data on Instagram use among teens, and the status of the civic integrity team tasked with countering misinformation around political topics.

Many of the revelations are indeed fascinating —and some damning — but they generally point to a company constantly embattled with external and internal demands to censor and shut down accounts and pages that spread “misinformation” and “hateful” content. Who determines what that content is, and what classifies as such, is another point.

Among her allegations in her first public interview on 60 Minutes, she posited that the disbanding of the civic integrity team, of which she was a part, was directly responsible for the January 6th riot at the Capitol building. 

In the days since, Haugen has become a hero to critics of the social media giant on both the right and the left, animating these arguments before a Senate subcommittee on consumer protection on Tuesday. 

It created the perfect Two Minutes Hate session in Washington and on major media, allowing unchecked conjecture, hyperbole, and feverish contempt for a platform that allows ordinary people to post online and small businesses to run ads on their products.

Unusual for DC, Republicans and Democrats are united on confronting Facebook, though they are animated by different reasons. Generally, Democrats say the platform does not censor enough content and want it to do more, evoking the “interference” that led to Donald Trump’s victory in 2016. Republicans, on the other hand, believe the censorship is pointed in the wrong direction, often targeting conservative content creators, and would like to see more even-handedness.

The picture painted by all lawmakers, however, is of a company adding to general societal discord.

“Facebook has caused and aggravated a lot of pain and profited off the spreading of disinformation, misinformation, and sowing hate,” said committee chair Sen. Richard Blumenthal, who days before received ridicule for asking Instagram to ban the “Finsta” program (Finstas are fake Instagram accounts created by teens to avoid the prying eyes of parents).

The comments of Blumenthal and others were indeed hyperbolic, considering the vast majority of Facebook product users post images, videos, and text to their friends and family and can in no way be considered objectionable, but it helps lead to their ultimate aim.

But considering the premise of these hearings and investigations on Capitol Hill is to frame and inform future legislation, it is clear that regulation will soon be directly targeted at social media content and users, not the company itself, will be the ones to suffer.

As much as one would like to castigate the Silicon Valley firm with tens of thousands of employees and a stock ticker, it derives its power and influence as a platform for billions of individuals with something to say. A select number of the posts on Facebook may be atrocious or wrong, and they deserved to be called out, but they still are the posts of individuals and groups. Users have the option to flag posts for inappropriate content.

What makes many of the allegations leveled at Facebook interesting — albeit insincere (content designed to elicit an angry response, body image issues, unverified stories, etc.) — is that many of these can also be lobbed at traditional institutions: clickbait partisan journalism, Hollywood and the modeling industry, and tabloids that operate as rumor mills. In the age of social media, however, these are dying breeds.

The fact that many media outlets are openly advocating against social networks, technologies that directly compete with them, also makes this quite conflicted as we have seen in Australia.

When regulations do come to pass, and we can only assume they will, the only significant action will be to restrict what can and cannot be posted on the platform. Whether it is the mandatory hiring of a certain number of moderators, a veto process for third parties, or mandatory ID verification, which advertisers are already subject to, it will mean limiting and censoring the platform. This will harm users and consumers.

While there are many positive reforms that could be invoked in the wake of the Facebook moment — a national privacy and data law, for example — likely it will be the users of these platforms who will ultimately suffer.

The new Internet age has led most of the world to untold levels of growth and prosperity. Being able to connect with friends and family wherever they may be is a public good that we have only begun to understand and appreciate.

If we allow regulators to deploy content censorship buttons and restrict our ability to post and interact online, who is to say that only the “bad guys” will be caught up in the net?

If we believe in free speech and an open Internet, it is our responsibility to push for sane, smart, and effective rules, not those that only seek to punish and restrict what people can say online.

Yaël Ossowski is the deputy director of the Consumer Choice Center.

The arguments for and against universal chargers

European Commission pushing to establish USB-C as standard for all phones

The European Commission is under fire from tech giant Apple after unveiling plans to make USB-C connectors the standard charging port for all phones and small electronic devices sold across the EU. 

The bloc’s executive body “believes a standard cable for all devices will cut back on electronic waste”, reported France 24. But Apple and other critics argue that “a one-size fits all charger would slow innovation and create more pollution”, the news site continues.

The new rules could “affect the entire global smartphone market” if approved by the European Parliament and member states of the EU, which is home to more than 450 million people including “some of the world’s richest consumers”.

Read the full article here

EU wants to unify chargers again, specifically targeting Apple

Several years ago, the European Union announced that it wanted to unify mobile chargers across all manufacturers. The goal was to eliminate electronic waste because previously switching phones often means getting a new and completely different charger. But, by the time the EU got involved, almost all major manufacturers were already using micro-USB. Now, the EU is looking to update the requirement, modernizing for USB-C and removing the remaining loophole.

What is the current situation?

Currently, EU regulations require that all phones be able to charge via a universal charger (originally micro-USB, but USB-C also qualifies). At the time of the original regulations, the only major manufacturer not using the micro-USB charging port was Apple, which famously uses its proprietary Lightning connector. The universality of the micro-USB connector is attractive for swapping between phones, but Apple argued that its Lightning connector gave it capabilities not afforded by micro-USB.

This argument allowed Apple to find a middle ground with the EU regulators – making a micro-USB to Lightning adapter available to all iPhone and iPad owners. This would allow them to use the chargers they already own with their new phones, which is exactly what the EU was trying to accomplish. But, in the past few years, things have changed in the industry, leading to some changes in the regulations.

Read the full article here

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The Smart Way to Think About Crypto Regulation

Within the usually boring procedure of shepherding another massive infrastructure bill through Congress last month, a fiery debate erupted over the future of cryptocurrencies and digital assets.

The Senate bill contained broad language to ensure tax and regulatory compliance on all cryptocurrency transactions, regardless of origin, as a revenue generator.

However, traditional financial transactions cannot compare to the complex algorithmic crypto world of mining, staking, rewards, and smart contracts. It is easy to see why many digital currency enthusiasts were alarmed.

In a hackneyed manner no one saw coming, the entire future of the crypto industry, including projects such as Bitcoin, Ethereum, Non-Fungible Tokens, and blockchains, was thrown into peril.

Amendments to adapt the language or delete it outright were proposed. But following Senate rules, even a single voice of opposition could kill them. Or, in this case, a desire to spend $50 billion more on defense spending killed them. And that was that.

To be clear, America deserves a fair and substantive debate on the nascent crypto space. If we are to consider regulation, we need testimony from innovators, entrepreneurs, advocates, and skeptics. Instead, we witnessed a collage pasting marathon, with proposals and taxes glued together without even a thought for millions of crypto consumers.

Most shockingly, however, the rules have actually very little to do with the innovative nature of the crypto space and everything to do with how much money legislators thought they could extract from the industry and token holders. This was laid bare in the Biden administration’s fact sheet on the infrastructure bill, which claimed the $1 trillion plan would be funded by “strengthening tax enforcement when it comes to cryptocurrencies.”

Despite the inelegance of these proposals, there are smart and consumer-friendly policies we can adopt on cryptocurrencies and crypto projects.

To begin, federal agencies can concentrate on the causes of fraud and abuse. With every successful crypto token or coin, there are dozens of scam sites or exchanges that defraud users or siphon all digital assets they can before they shut down, known in the industry as a “rug pull.”

By focusing resources on dishonest brokers and projects committing fraud, the government could save millions of consumers from losing their hard-earned money, all the while differentiating between bad actors and good ones. This would help boost confidence in the system overall.

Second, any crypto regulation should make technological neutrality a core tenet, meaning that government should not declare winners or losers. Just like the vinyl record was replaced by the CD-ROM and then the MP3, governments should not choose a preferred technology and instead allow innovation and consumer choice to make that determination.

The less than a decade-old crypto industry hosts an intense competition that rapidly changes each day. Whether through algorithmic mining (Proof of Work) or block validation (Proof of Stake), users and entrepreneurs are testing and adapting best practices. If the government endorses one method or outlaws another, because of environmental or technical concerns, it risks backing the wrong horse and stifling innovation.

Third, regulators must not pigeonhole cryptocurrencies only as investments fit for taxing, but rather as technological tools that empower consumers and foster innovation. A unique crypto asset class, separate from traditional securities, would help users benefit from the decentralization and encryption that these projects offer while ensuring reasonable taxation of gains.

Last, regulators must provide legal certainty to the budding crypto sector or risk pushing all crypto activity to the black market, where no rules or regulations will be followed. The disastrous effects of the Drug War on cannabis users or victims of 1920s Prohibition underscore this point.

Clear guidelines that allow crypto companies to open bank accounts, take out insurance, and compensate workers legally will safeguard innovation, continue to create value for entrepreneurs and consumers, and will allow firms to pay taxes and follow rules. This will be vital.

Legislators should view the crypto industry as a friend rather than a foe. With more opportunities will come more investment, more jobs, and more innovation – and that means we’ll all be better off.

Originally published here

Coalition Warns Against Broadband Proposals

The Consumer Choice Center joined a coalition of consumer and tax advocacy organizations flagging concerning developments in the infrastructure bill negotiations. Price controls and rate regulation; dramatic expansion of executive brand and agency authority; and government-controlled internet should never be on the table.

You can read the letter below or click HERE for a full version:

July 23, 2021

RE: Broadband Infrastructure Spending

Dear Senators:

We write to you today over some concerning developments in the bipartisan infrastructure negotiations on broadband. We are guided by the principles of limited government and believe that the flaws in the infrastructure framework go well beyond the issues discussed here. Nonetheless, our present aim is to advocate specifically against proposals that would enact price controls, dramatically expand agency authority, and prioritize government-controlled internet. 

The infrastructure plan should not include rate regulation of broadband services. Congress should not authorize any federal or governmental body to set the price of any broadband offering. Even steps that open the door to rate regulation of broadband services will prove harmful in the long run.  

Nor should Congress continue to abdicate its oversight responsibilities to executive branch agencies like the National Telecommunications and Information Administration. Giving NTIA unchecked authority to modify or waive requirements, renders all guardrails placed by Congress meaningless. There must be oversight of the programs to ensure that taxpayer dollars go toward connecting more Americans to broadband as opposed to wasteful pet projects. 

Historically, attempts by NTIA to close the digital divide through discretionary grants have failed, leading to wasteful overbuilds, corruption, and improper expenditures. The American Recovery and Reinvestment Act of 2009 created the $4 billion Broadband Technology Opportunities Program (BTOP) grant program administered by NTIA. From 2009, when BTOP was instituted, to 2017, at least one-third of all the reports made by the Inspector General for the Department of Commerce were related to the BTOP program, and census data showed that the BTOP program had no positive effect on broadband adoption. And this was with only $4 billion in taxpayer dollars. We cannot afford to make the same mistake with much greater sums.

Legislation must be clear and not create ambiguities that are left to the whims of regulators. While “digital redlining” is unacceptable, the FCC should not be allowed to define the term however it sees fit and promulgate any regulations it thinks will solve problems—real or imagined. Doing so would give the agency carte blanche to regulate and micromanage broadband in any way it desires. This would be an egregious expansion of FCC authority. Moreover, definitions and regulations could change whenever party control of the agency changes, leading to a back-and-forth that creates uncertainty for consumers and businesses. 

Legitimate desire to ensure that low-income Americans have access to broadband infrastructure should not be used as a smokescreen to codify aspects of the recent Executive Order on Competition, which should not be included in any bipartisan infrastructure agreement. Republicans fought hard to support the FCC’s Restoring Internet Freedom Order. Any legislating on the functions and deployment of Internet technologies must move as a standalone bill through regular order with committee review. These questions are far too important to shoehorn into a massive bill without rigorous debate.   

Any funding for broadband buildout must target locations without any broadband connection first, and this should be determined by the Congressionally mandated FCC broadband maps. Congress has oversight over the FCC and the FCC has already conducted several reverse auctions. Reverse auctions get the most out of each taxpayer dollar towards closing the digital divide. Areas where there is already a commitment from a carrier to build out a network, should not be considered for grants, and the NTIA should not be able to override the FCC’s map to redefine “unserved” and subsidize duplicative builds.  

Government-controlled Internet should not be prioritized in any grant program. With few exceptions, government-owned networks (GONs) have been abject failures. For example, KentuckyWired is a 3,000-mile GON that was sold to taxpayers as a $350 million project that would be complete by spring of 2016. Those projections could not have been more wrong.   More than five years past the supposed completion date, fiber construction for KentuckyWired is still “in progress” in some parts of the state and a report from the state auditor has concluded that taxpayers will end up wasting a whopping $1.5 billion on this redundant “government owned network” over its 30-year life. NTIA should certainly not encourage these failures to be replicated.

We appreciate your work to help close the digital divide and agree that access to reliable internet is a priority, however we should not use this need to serve as a cover for unnecessary government expansion. Please feel free to reach out to any of the undersigned organizations or individuals should you have questions or comments. 

Regards,

Grover G. Norquist
President
Americans for Tax Reform

Jennifer Huddleston*
Director of Technology & Innovation Policy
American Action Forum

Phil Kerpen
President
American Commitment

Krisztina Pusok, Ph. D.
Director
American Consumer Institute
Center for Citizen Research

Brent Wm. Gardner
Chief Government Affairs Officer
Americans for Prosperity

Jeffrey Mazzella
President
Center for Individual Freedom

Andrew F. Quinlan
President
Center for Freedom and Prosperity

Jessica Melugin
Director Center for Technology and Innovation
Competitive Enterprise Institute

Matthew Kandrach
President
Consumer Action for a Strong Economy

Yaël Ossowski
Deputy Director
Consumer Choice Center

Roslyn Layton, PhD
Founder
China Tech Threat

Ashley Baker
Director of Public Policy
The Committee for Justice

Tom Schatz
President
Council for Citizens Against Government Waste

Katie McAuliffe
Executive Director
Digital Liberty

Annette Thompson Meeks
CEO
Freedom Foundation of Minnesota

Adam Brandon
President
FreedomWorks

George Landrith
President
Frontiers of Freedom

Garrett Bess
Vice President
Heritage Action for America

Carrie Lukas
President
Independent Women’s Forum

Heather Higgins
CEO
Independent Women’s Voice

Tom Giovanetti
President
Institute for Policy Innovation

Ted Bolema
Executive Director
Institute for the Study of Economic Growth

Seton Motley
President
Less Government

Zach Graves
Head of Policy
Lincoln Network

Matthew Gagnon
Chief Executive Officer
Maine Policy Institute

Matthew Nicaud
Tech Policy Specialist
Mississippi Center for Public Policy

Brandon Arnold
Executive Vice President
National Taxpayers Union

Tom Hebert
Executive Director
Open Competition Center

Ellen Weaver
President & CEO
Palmetto Promise Institute

Eric Peterson
Director
Pelican Center for Technology and Innovation

Lorenzo Montanari
Executive Director
Property Rights Alliance

Jeffrey Westling
Resident Fellow, Technology & Innovation Policy
R Street Institute

James L. Martin
Founder/Chairman
60 Plus Association

Saulius “Saul” Anuzis
President
60 Plus Association

David Williams
President
Taxpayers Protection Alliance

Dann Mead Smith
President
Washington Policy enter

Mark Harmsworth
Small Business Director
Washington Policy Center

If president’s goal is high-speed internet for all, government regulations still stand in the way

The COVID-19 pandemic has, if nothing else, demonstrated the need for high-speed internet service.

It was shown in schools as teachers sought to instruct students via remote learning. It was shown in businesses as they sought to bolster their online presence. It was shown in everyone who learned about Zoom meetings for the first time back in March 2020 and now probably can’t imagine everyday life without them.

President Joe Biden and many members of Congress recognize that. That’s why, as part of the president’s American Jobs Plan, it’s been proposed to spend $100 billion to bring high-speed broadband service to every American.

But is throwing more tax dollars at the situation really the best solution?

Yael Ossowski, deputy director of the Consumer Choice Center in Washington, D.C., doesn’t think so. He argues that simply spending money won’t address the real challenges — the myriad of different rules between municipalities and states overseeing internet infrastructure that serve as a true barrier to getting more Americans connected.

Mr. Ossowski points to a recent study by the Federal Communications Commission that found more than 700 examples of laws and statutes that hamstring internet providers before they can connect one home. These include ambiguity on application processes, high permit fees for networks, slow approval processes and burdensome rules.

A different study, this one done by the University of Pennsylvania, found that local government internet utilities — which are prevalent in some parts of the nation as compared to private firms providing the service — are often too expensive to maintain.

Plus, there’s the assumption in the president’s plan that the solution centers on primarily focusing on broadband fiber connections. An argument can be made that investments in mobile and satellite networks are worthy of consideration, too. But those efforts also have been hampered by burdensome government regulations.

What is clear is that as mobile networks expand and speeds improve, and as fiber technology makes it way to more rural areas across the nation, more Americans will be connected to faster and better internet. However, in order to do that, what’s needed is a focus on the power of private investment, clear regulatory rules, and the removal of red tape. This is another case of where those in Washington, D.C., may have good intentions and the ability to do some good, they don’t have a stranglehold on the best ideas.

Originally published here.

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