Net Neutrality Means an Unfree, Slow, and "Stupid" Internet

by Raymond C. Niles

(This introduction was originally posted at the "Principles in Practice" website where a free version of Mr. Niles' article originally in The Objective Standard, "Net Neutrality: Toward a Stupid Internet," has been made available.)

The chairman of the FCC recently called for applying “net neutrality” to the wireless spectrum. Such a measure would dramatically extend the reach of proposed “net neutrality” rules, which were originally slated to govern the delivery of Internet content via wire—cable and DSL lines—but not via wireless signals. The expanded rules would govern the delivery of Internet content to cell phones, iPhones, Kindles, and other wireless devices. The advocates of net neutrality claim they are seeking to preserve a “free” and “open” Internet and to prohibit the “unfair” policies of Internet service providers that favor some content over others. According to them, to preserve this openness and freedom, the FCC must be granted vastly greater powers to coercively determine the business practices of Internet service providers.

That claim, however, is a sham.

An “open” and “free” Internet cannot be achieved by means of further FCC regulations. Extending FCC controls to the wireless spectrum would not “open” anything or free anyone; rather it would further violate the rights of Americans to produce and trade according to their own judgment and thus thwart this vital new realm of life-serving technology. It would unleash a torrent of government control over every aspect of the Internet, granting the government power to dictate how content is to be delivered and at what price, making it less profitable for Internet service providers to invest in costly infrastructure, and thereby quashing their incentive to innovate.

To the extent that “net neutrality” is implemented, the result will be a slower, less robust Internet—a “stupid” Internet, as one of the chief advocates of this pernicious idea aptly describes it. For an elaboration on how “net neutrality” violates the rights of Internet service providers and users alike, and why it is a bad idea for the wired Internet and by implication the wireless spectrum, read my article “Net Neutrality: Toward a Stupid Internet.”

Stealing the Commanding Heights

The Federal Reserve recently announced that it would establish rules governing the pay of employees at essentially all bank and financial corporations in the United States. This goes well beyond just targeting CEOs at banks who received federal bailout money last year. According to the New York Times, the proposed rules would apply to 5,000 bank holding companies and state-chartered banks. And it would apply to traders, loan officers and other employees, not just top bank executives.

Ostensibly, the purpose of the rules is to reduce “systemic risk.” Allegedly, by having government regulators determine the pay of bankers, those bankers will no longer have the incentive to make risky loans to individuals and corporations.

Such a policy evades the fundamental cause of that risky behavior, namely government policies that fostered artificially cheap credit and mandated risky loans. The Fed itself is the author of these policies. It flooded the economy with cheap credit and 1% interest rates in 2003-2004, which fed the orgy of subprime borrowing. The Fed also enforced the Community Reinvestment Act that forced bankers to meet quantitative targets of loans to uncreditworthy borrowers. Moreover, Fannie Mae and Freddie Mac, two government-sponsored enterprises, guaranteed mortgages against default, thus ensuring that bankers would have no incentive to monitor credit risk.

The government’s subsidies, guarantees against default, and promiscuously cheap credit created an atmosphere in which private bankers were rewarded for taking excessive risks, and made to look like suckers if they prudently restrained themselves.

Yet the government blames the bankers for this mess and now wants to control their pay.

Over the past year we have seen Barney Frank (October 2008) call for a moratorium on Wall Street bonuses and President Obama (February 2009) call for limiting the bonuses of CEOs to $500,000. At the time, I warned that when government arrogates such a power to itself, do not assume that it will be confined to a few Wall Street executives. Now we see the Fed claim for itself the power to control the pay of tens of thousands of employees at every banking institution across the land.

Government fostered the financial crisis by violating the rights of private citizens through its reckless policy of subsidy and cheap credit. Now it proposes to “solve” the problem by further violating rights, including the right of employer and employee to voluntarily agree on the terms of employment.

The end game of this dangerous grab for power should be obvious. The government will not stop until it has taken complete control of the commanding heights of the economy. And it has already largely succeeded. With its progressive takeover of banking, government is now assuming control of the most important sector of the economy. The banks are fundamental in economic importance because their lending and capital raising decisions directly affect the growth of all other industries. Now the government, through its control of banking, will decide whether a particular company or industry is to receive credit, and succeed or fail.

Do not doubt that the government will use this power. Recently, for example, the Wall Street Journal reported that former Vice President Al Gore used his influence to steer two $500 million federal loans to cronies planning to make expensive “environmentally friendly” cars. Imagine what Al Gore or others will be able to do when the Fed controls the salaries of thousands of private bankers. To whom will they be able to direct loans, and for what type of quid pro quo?

Statist governments operate under a rule. They always seek to control the commanding heights of the economy. Statists know that if they control the key industry upon which all others depend, they can control all industries. Our government is seizing the commanding heights of our economy right before our eyes.