osewalrus (osewalrus) wrote,

Example of high risk defense problem

The worst position to be in is where you must win but it costs the other side little to lose. So it was just now on Senate RS J.6. Had we lost, it would have (absent an Obama veto) repealed the FCC's net neutrality rules and effectively deprived FCC of authority to impose any sort of consumer protection regulation on broadband access providers. For those who do not recall the facts of the Comcast case which were the reason for the rulemaking, Comcast actively lied to its customers for 6 months when directly queried as to whether they were blocking Bittorrent. elimination of FCC NN rules would have eliminated ability to say to Comcast "don't lie."

Yes, the NN rules do more than that. But those who professed to love disclosure but not prohibition on discrimination forget -- or do not chose to remember -- the preclusive effect of the Congressional Review Act. It prohibits the agency from reenacting any "substantially similar" regulations, in any part. So all the disclosure stuff would have been eliminated as well, and prohibited going forward.

OTOH, winning this means the court challenge continues. So we had to expend significant resources on a pure defensive play, while opponents spent relatively little (industry lost interest awhile ago, this is now entirely Tea Party driven).

But we won, which is something these days. And we did not lose any Dems. OTOH, felt sorry to see Olympia Snowe brought to heal by Maine Tea Party. To paraphrase, "what profit a woman to sell her soul for the whole world? But Oh, Olympia, for a primary?"

And I hope Elizabeth Warren sticks it to Scott Brown for this one.

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