The Voguish Dangers of Net Neutrality


The idea of net neutrality is subject to many nuanced interpretations, but at its core it holds that access to the internet should be on equal terms for all comers, under a policy that does not allow the operators of any particular site to give preferential access to those who are willing to pay higher fees for their service.  One implication of this vision is offered on the Harmony Institute in its publication Net Neutrality for the Win, which offers this utopian vision of the future, which embraces:

an Internet that allows users to load an infinite number of Web pages and grants developers the freedom to create sites and services regardless of their content, source, or user.

Predictably, the few dominant telecommunications companies providing Internet access to Americans today would like to capitalize off of their relationship with users and businesses. Companies such as AT&T, Comcast, Time Warner Cable, and Verizon see an opportunity to become the gatekeepers of Internet content by reserving faster, more preferential space for their own sites, and taxing other Web site owners who would like to continue to see their content reach Internet users.

To see what is wrong with the basic vision of net neutrality it is critical to ask this question:  What is the best way to optimize the overall operation of the internet?  That question in turn requires the integration of two tasks.  The first is the creation of the pipes that allows information to travel.  The second is the movement of the information in question.

The first critical error in the Harmony way of thinking is that it assumes that the only social problem is how to optimize the use of the Internet on the assumption that the pipes for transmission have already been built.  That question will always receive the wrong answer if the operating assumption is that the ideal mix allows any user “to load an infinite number of Web pages.”  So long as there is a finite capacity this becomes a model for letting one person, or a very few Internet hogs gain a disproportionate level of influence for which they pay only a tiny fraction of the price.  The only way that this model can work is to have a huge government subsidy to create internet space, which will have to be supported by tax revenues.

The very element that the Harmony people think is the bane of the Internet is in fact its salvation.  The prioritization of information flows is a necessary concomitant of scarcity.  There are few people who use Federal Express to send out generalized advertisements addressed to “resident.”  They reserve the fastest system for the most valuable information.  Just that should be done with the Internet, which is why zero pricing or equal pricing is just the wrong way to go.

The second critical error of the Harmony vision is that it assumes that some larger player exercises dominant power of the Internet.  But the situation here is quite different from that in ordinary public utilities, where a single supplier has a geographical monopoly. This so-called “natural monopolist” has its power not because it has been obtained by state charter, but because over the relevant levels of output a single producer with a heavy front-end investment is a cheaper source of supply than any two or more firms.

The mere fact that Harmony lists four dominant firms is proof positive that there is no dominant firm even if there are many large ones.  Since these firms are in competition with each other the usual assumptions for natural monopoly do not hold.  Any system of rate regulation is likely to be costly, and to make serious errors in pricing.  The huge administrative costs would calculate the bad incentive effects, producing larger social losses. The best policy is to let as many companies start up in different ways. 

The internet costs too much money to create to be free.  And its operation is too important to be left to the FCC, whose record of consistent failure in regulation starts with its control over radio in 1912 and continues to this present day.  The rise of an alternative technology is the best way to break the current FCC monopoly.  Unfortunately, the FCC knows that as well, which is why it won’t stay on the sideline.

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  1. Profile Photo Member

    Blue Yeti: I have no other choice for high speed provider — my local government awarded them the exclusive rights to our neighborhood years ago.

    You don’t have a local phone company that provides high-speed internet access? That sure sounds like an illegal monopoly to me. But I’m no lawyer.

    EDIT: Crap. I just read that the microwave-based company ( has gone out of business and sold its assets to Bell and the cable company. That hurts my argument a wee bit. · Dec 21 at 8:09am

    Edited on Dec 21 at 08:29 am

    Verizon offers DSL service, but the speeds are much lower than what Time Warner offers. It’s not competitive at all.

    • #31
  2. Profile Photo Contributor

    But the principle is the same, right? It’s a carrier making distinctions based on traffic and price and capacity and business considerations, which would be illegal, no?

    I just don’t see how you fight monopoly power by regulating prices. Price regulation does one thing and one thing only: it creates scarcity and less competition.

    Net Neutrality is just rent control for the web. And rent control is a terrible, terrible idea and never, ever works.

    Create and encourage a vibrant marketplace and you’ll have competitors fighting for your business. Good Lord, Yeti, the FIOS vans are all over the place; high speed wireless gets higher and speedier every day; they’re even offering ISP service by satellite. The reason there’s a race to deliver data packets to your home and pocket at competitive rates is because there’s a marketplace without government-set price controls.

    • #32
  3. Profile Photo Member
    Rob Long

    You don’t need regulation to protect you from something that isn’t happening, just because it might happen. Why not wait to see if the market will sort it out? Why the rush to regulate, which we know just ends up smothering innovation? · Dec 21 at 7:16am

    Right now, Comcast –the nation’s largest ISP, with exclusive coverage in many markets– is closing a deal to buy NBC/Universal. It’s certainly Comcast’s right to do anything they want with that content they are paying billions for, including giving priority to all of their newly purchased content. But if you are a Comcast customer with no viable alternative for another provider, should you be penalized for wanting to consume non-NBC/Universal content?

    It’s as if we allowed Ford to buy the 405 freeway and they closed all but one lane to people who bought Fords.

    And it’s not a “heavy burden of gov’t regulation.” Just the opposite, in fact: don’t regulate it all — let all content flow through the internet equally and let the consumer decide what is valuable. I think it’s called capitalism.

    • #33
  4. Profile Photo Member

    I think one of the problems with this whole debate is how the label “Net Neutrality” is used to justify all sorts of different government regulations. The label is used far too broadly.

    There’s the issue of throttling bandwidth. There’s the issue of blocking IP addresses. There’s the issue of tiered pricing. Etc, etc, etc. Let’s say I agree with some regulation and I oppose others. Does that mean I’m in favour of Net Neutrality or against Net Neutrality? It’s like being against “civil rights” or against “social justice”. It’s a weasel word designed to limit debate on issues that may have little to do with each other.

    For example:

    On the one hand, I read that one of the rules passed today is that no ISP may block a site that contains content that is perfectly legal. I can see that being a rule that reasonable, conservative-minded people could agree with.

    On the other hand, Britain is trying to strong-arm ISPs into blocking legal adult websites.

    The point is, there is a debate to be had, but the Net Neutrality label can short-circuit that debate.

    • #34
  5. Profile Photo Member
    Blue Yeti

    It’s as if we allowed Ford to buy the 405 freeway and they closed all but one lane to people who bought Fords.

    No, it would be as if Ford had bought the land and then paid to build and maintain the freeway in the first place.

    As far as I know, the government did not build Comcast’s network.

    • #35
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