The
standard refrain from the anti-internet freedom lobby has, for some time now, been that the FCC's new open internet
rules represent a "takeover" or "regulation of the internet." It's an argument
that didn't have a lot of factual juice to begin with, and now that the FCC's
rules are actually on the books, it comes off as pretty foolish.
But
Americans For Prosperity vice president Phil Kerpen is sticking with it, and
glamming it up with some amusing histrionics. This morning The Examiner
published an excerpt of Kerpen's grandiloquently subtitled
book: Democracy Denied: How Obama Is Ignoring You and Bypassing Congress to
Radically Transform America -- and How to Stop Him. The battle for the
internet, it seems, has transcended the stratosphere:
On Dec. 21, 2010, President Obama's Federal Communications
Commission fittingly chose the darkest day in 372 years to impose potentially
devastating regulations on the previously free-market Internet.
Early that morning, for the first time since 1638, the moon
was eclipsed, blocking out the sun on the day of the winter solstice, already
the darkest day of the year.
And just as the moon was eclipsed that day, Congress, the
American people, and our constitutional system of government will be eclipsed
if the FCC's regulatory coup d'etat -- orchestrated by the White House -- is
allowed to stand.
Before
we even get to internet policy, I have to point out that Kerpen doesn't quite
understand the moon (a common affliction on the right). A lunar eclipse -- like
the one that happened last December -- occurs when the Earth
blocks the sun's rays from reaching the moon. What Kerpen describes is a solar
eclipse, in which the moon blocks out the sun and prevents its rays from
reaching the Earth.
Kerpen's
poor description of lunar science is eclipsed (sorry) by his willful distortion
of the new FCC rules:
On a party-line vote, three Democrats at the FCC decided to
substitute their own judgment for the legitimate democratic process.
Those three FCC commissioners ordered that the Internet be
regulated in the name of network neutrality, despite the fact that regulations
had almost no support in Congress.
Untrue.
The new rules apply only to internet service providers, and prevent them
from regulating internet users' access to lawful online content. Nothing in the
rules gives the FCC authority to "regulate" the content
internet users can access.
Even
still, Kerpen argues the American people are on his side:
The public overwhelmingly opposed regulation. A Rasmussen
poll conducted at the time of the order found that only 21 percent of Americans
supported Internet regulation, with 54 percent opposed. The poll also found
that 56 percent of Americans thought the FCC would use its newly created powers
to pursue a political agenda.
How did we get to the point where the FCC would ignore all of
that and regulate the Internet? It took a remarkable political effort from the
far Left, and a breakdown in our constitutional system that allowed regulators
to bypass Congress. That breakdown must be corrected.
Here
is the Rasmussen poll in question, which, given that it
enthusiastically adopts the false right-wing framing of internet "regulation,"
falls more into the category of push-polling. A sample question: "What is the
best way to protect those who use the Internet -- more government regulation or
more free market competition?" That's both a false choice and a
misrepresentation of the open internet rules.
Hysterically
bad moon science aside, Kerpen's piece is just a retread of the same stale
argument the opponents of internet freedom have been flogging for years. The
message discipline is impressive, and likely appreciated in the corporate
offices of telecom providers who are eager to promulgate that very same talking
point. Verizon this week sued the FCC over the new rules, saying the agency asserted
"broad authority to impose potentially sweeping and unneeded regulations on broadband
networks and services and on the Internet itself."
KERPEN RESPONDS UPDATE:
Phil Kerpen responds via Twitter:
![](http://library.vu.edu.pk/cgi-bin/nph-proxy.cgi/000100A/http/web.archive.org/web/20111010033831im_/http:/=2fcloudfront.mediamatters.org/static/images/item/twitter-kerpen-20111007-lunareclipse.jpg)
An excellent riposte to something I didn't write. No response thus far to the real point -- that he lies about the FCC's open internet rules.