by Brandon Butler
FCC lacks Constitutional power to change Section 230 10/15/2020

Mike Masnick for Techdirt:

For years, FCC Chair Ajit Pai has insisted that the thing that was most important to him was to have a “light touch” regulatory regime regarding the internet. He insisted that net neutrality (which put in place a few limited rules to make sure internet access was fair) was clearly a bridge too far, and had to be wiped out or it would destroy investment into internet infrastructure (he was wrong about that). But now that Section 230 is under attack, he’s apparently done a complete reversal. He is now happy to open a proceeding to reinterpret Section 230 to place a regulatory burden on the internet. This is because Ajit Pai is a hypocrite with no backbone, and no willingness to stand up to a grandstanding President. […]

Pai is wrong in almost everything he says above. The FCC has no jurisdiction over internet websites. Previous lawsuits have already held that. Furthermore, the FCC has no jurisdiction over Section 230, which was explicitly written to deny the FCC any authority over websites. The FCC has no power to reinterpret the law. […]

As a final note: we’ve long disagreed with Pai about his stances on many issues, regarding net neutrality, the digital divide, municipal broadband and more. But at least he was consistent. I’d previously believed that he was misguided, but stuck true to his principles. That is clearly no longer the case. He’s a lying hypocrite with no principles, no backbone, and should be regarded as a complete joke. No one can even say that his stance on net neutrality was a principled “small government, fewer regulations” stance any more, because this moves proves it was not. He has no problem moving for regulating the internet when it’s politically convenient. And that’s just pathetic.