Home
/
RELIGION & LIBERTY ONLINE
/
Riding the net neutrality see-saw
Riding the net neutrality see-saw
Feb 11, 2026 8:44 AM

This week, I was one of menters consulted in Nicholas Wolfram Smith’s article “FCC Repeal of Net Neutrality Leads to Lively Fight” for the National Catholic Register.

I think Smith did a fine job conveying my primary concern:

But according to Dylan Pahman, a researcher and managing editor of Acton Institute’s Journal of Markets & Morality, one of the problems with the 2015 net neutrality regulations was that it gave the government far too much regulatory power over ISPs. At the same time, Pahman said, net neutrality has admirable aspects, particularly in preventing ISPs from colluding with other websites to petitors. In that sense, he said net neutrality as a principle helps preserve “an open field petition.”

But, said Pahman, “My major concern is not so much net neutrality per se, but, rather, how the back-and-forth is going to affect us,” he said. “I see no strong indication that we’re going to get away from that.[”] He expressed concern that a see-sawing regulatory environment will harm innovation and economic dynamism by making it impossible panies to plan with any certainty for the future.

Too little attention has been given to this point. Whether we keep net neutrality or throw it out, as the FCC recently did, we need to factor in the negative effect of shifting the regulatory environment every election cycle.

If Democrats take back Congress this fall, which is possible, we are likely to see another effort to swing the pendulum back again. It might actually take them winning the presidency in 2020 and appointing their own FCC chairperson to get there, the possibility of which I won’t speculate on, but the point remains that in just a few years, perhaps even next year, we may see yet another shift in how the federal government regulates ISPs.

And if, after that, Republicans take control again — which is basically how American politics works — we’ll likely see yet another swing back away from any form of net neutrality.

Rapid, back-and-forth changing of regulations can take its toll. pliance can be costly, and the possibility that we will keep riding the net neutrality see-saw for the foreseeable future means that ISPs and other businesses in related fields will face greater uncertainty due to the volatility of laws governing how they do business. As Smith put it, “a see-sawing regulatory environment [may] harm innovation and economic dynamism by making it impossible panies to plan with any certainty for the future.”

There are unseen costs to our politics, even when we achieve what we believe to be a victory for sound policy. If that policy is fragile to shifting political power every election cycle, that seeming victory may be short-lived, and what seemed like an opportunity at the time may prove to have been a distraction in the long run. Is there a marginal benefit to reforming broadband regulation vis-à-vis criminal justice or drug policy or foreign aid or entitlement spending or any other potentially longer-lasting policy goals?

Scoring a “win” on an issue that has e politicized only opens one to the inevitability that, in a democracy at least, one’s party will not always be in control. Then what? Of course, sometimes it may be worthwhile anyway, but we should probably be wary of such hot-button, see-saw issues and give more attention to those that might see some cross-party support promise and, thus, longer-lasting improvements to our social contract.

Interested in more on net neutrality?

You can read Smith’s article here.

And you can read a round-up of Acton’s content on the subject from 2015 here.

Cover image: Fragonard, The See-Saw, Wikimedia Commons, Public Domain.

Comments
Welcome to mreligion comments! Please keep conversations courteous and on-topic. To fosterproductive and respectful conversations, you may see comments from our Community Managers.
Sign up to post
Sort by
Show More Comments
RELIGION & LIBERTY ONLINE
Debating the Ethics of Chimeras
My piece on the debate over chimera research and the relevance of your worldview to the debate appears today at BreakPoint, “A Monster Created in Man’s Image.” Drawing on the work of C.S. Lewis, and among the questions and conclusions included, I write, “Chimera research may indeed have some potential benefits, but we cannot ignore the question of potential costs. What toll does such research take on the dignity of human beings? Must we destroy the human person in order...
How Just Must a Just War Be?
As a follow-up to yesterday’s post about just war, I’m passing along this TCS Daily piece by Prof. Bainbridge, “Just War for the Sake of Argument” (it’s also discussed at The Remedy and Bainbridge’s own blog). Bainbridge’s piece measures the current Lebanon/Israel conflict by the standards of just war, and finds it wanting. He makes the following important point: “Although Catholic scholars and theologians have thus made valuable contributions to the just war tradition down through the centuries, the principles...
Politicizing Scripture
There’s some discussion at Mirror of Justice (here and here) of Martin Marty’s recent piece in The Christian Century, “Snookered,” which raises the issue of the validity of politicians invoking Scripture, using the example of Tom DeLay. The new progressive Christian approach seems to be to assert, rightly of course, that “God is not a Republican. Or a Democrat,” and is rather more nuanced and convincing than, say, “Jesus is a Liberal.” And since so much politics, aside from a...
Transcendence and Obsolescence: The Responsible Stewardship of Oil
In this mentary, “Transcendence and Obsolescence: The Responsible Stewardship of Oil,” I ask the question: “Why did God create oil?” I raise the question within the context of debates about global warming and the burning of fossil fuels, including Al Gore’s movie An Inconvenient Truth and the work of the Evangelical Climate Initiative. I argue that nonrenewable resources, especially fossil fuels, “have the created purpose of providing relatively cheap and pervasive sources of energy. These limited and finite resources help...
Classical Liberalism, Foreign Policy, and Just War
One of the more lively and illuminating discussions at last week’s Advanced Studies in Freedom seminar revolved around the question whether and how classical liberalism is applicable to foreign policy, specifically with regard to questions of war. In the New York Times earlier this week, Robert Wright, a senior fellow at the New America Foundation, wrote a lengthy op-ed that bears on the relevant questions, “An American Foreign Policy That Both Realists and Idealists Should Fall in Love With.” Wright...
Taking Games Seriously
An article in yesterday’s NYT, “Saving the World, One Video Game at a Time,” by Clive Thompson, gives a good overview of the current trend in the video game industry, especially by nonprofits and activist groups, to create “serious games,” a movement which “has some serious brain power behind it. It is a partnership between advocates and nonprofit groups that are searching for new ways to reach young people, and tech-savvy academics keen to explore video games’ educational potential.” “What...
Protestants and Natural Law, Part 6
If the mon Protestant objection to natural law revolves around sin, as we saw in Part 5, we should now address the second mon objection that natural law is a rival to God and Scripture. Contemporary evangelical critics, such as Carl Henry, object that natural law elevates autonomous human reason above divine revelation. Henry thinks the Thomist doctrine of natural law teaches a universally shared body of moral beliefs that exist independently of divine revelation. This contrasts, he thinks, with...
Environmental News Roundup
Juliet Eilperin, “Bush Pollution Curbs Are Rated Equal to Clinton’s: Science Panel Says Proposed Cap-and-Trade System Will Help Clean Air,” Washington Post, July 24, 2006: The report from the National Academy of Sciences, released yesterday, represents the latest effort to assess how best to reduce air pollution estimated to cause as many as 24,000 premature deaths each year. The panel concluded that an earlier Bush plan would have allowed pollution to increase over a dozen years, but it found that...
Milosz
“…can one build something lasting if the goal is not truth, but power? The few, most penetrating minds of that time understood that what constitutes the sickness of contemporary culture is the repudiation of truth for the sake of action…” Czeslaw Milosz, 1942 ...
Answers to just war questions
After ruminating earlier this week about foreign policy and just war, I asked a series of interrelated questions yesterday about just war. Prof. Bainbridge was kind enough to respond, and offered the critically important distinction between jus ad bellum and jus in bello, that is, justness up to war and justness in war. This gets at the difference between justification for the cause or occasion for war, causus belli, and the way in which that war is conducted. Bainbridge concludes,...
Related Classification
Copyright 2023-2026 - www.mreligion.com All Rights Reserved