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Preston Gralla's picture
Preston Gralla

Seeing Through Windows

U.S. Justice Dept. should stay out of net neutrality debate

It's clear that the U.S. Department of Justice is far more interested in politics than it is in enforcing the law. What else to make of its recent bizarre criticism of network neutrality proposals?

In a press release, the department said that it had cautioned the FCC against any network neutrality proposals because, the proposals could "deter broadband Internet providers from upgrading and expanding their networks to reach more Americans."

First off, that's flatly wrong. The U.S. has among the worst broadband penetration rates and speeds in the developed world, because the government refuses to take actions to ensure we have adequate broadband coverage.

Secondly, net neutrality would increase competition, not harm it, and there would be better broadband services overall.

That's not the real point, though. The point is that the Department of Justice is supposed to enforce laws, not push specific political positions. Under Attorny General Alberto Gonzales, the department was all about politics, not law enforcement. But he's resigned, and so many people assumed the department would go back to its roots of enforcing laws.

It's clear, though, that the problem is deeper than Gonzales, as this latest statement proves. Whether you are for or against network neutrality, you should hope that our Department of Justice would stay away from politics. For the moment, though, it's as knee-deep in partisanship as ever.

What People Are Saying

Since the DOJ under Alberto

Since the DOJ under Alberto Gonzales and his predecessor hired career US Attorneys based on their political affiliation as testified by a person doing the hiring under oath in Congress, do you expect anything less from them? He hasn't left yet, but did you honestly expect this to change after he said he would leave?

It constantly amazes me how

It constantly amazes me how the Bush-haters apparently slept through the previous eight years. Corruption in government is a new thing? I guess if you ignore history. This country was created because of corruption in government (from England, at the time...) and has never wholly avoided it since. Ever hear of 'Teapot Dome’? Even Carter had his share of scandal; as clueless as he was, I'll give him props for TRYING to be honest, at least. The Clintons were (and are) awash in it. Bush might be able to compete if he was more active, but it seems more like he's simply floating along in it. Maybe it's just the aura the press gives him of incompetence, though.

I have no comment on the

I have no comment on the merits of the Justice Department's argument, and I'm definitely not defending it at all. But I have to point out that the original post is clueless about the way government really works.

As a matter of public policy and procedure, the Justice Department often provides written comments to the FCC regarding major telecommunications decisions -- it's been doing so for many, many years and in numerous administrations of various political persuasions (dating back at least two or three decades, it seems to me). So providing written comments in this FCC proceeding isn't something dreamed up by this particular administration or attorney general. There's nothing wrong with it. It isn't inappropriately "playing politics."

On the contrary, the Justice Department is one of two federal agencies in charge of enforcing antitrust laws (e.g., the Sherman Antitrust Act), which is why it submits comments regarding the effects that new telecommunications policies could have on competition and consumers. (And, it's why the Justice Department sued Ma Bell, but that's another story.)

So, actually, it would be inappropriate for the Justice Department to, as you suggest, "stay out of the net neutrality debate."

Various branches of the government provide written comments to other branches when they have some expertise or positions to share. It's up to the receiving agency (in this case the FCC) to then decide the issue based on consideration of the comments it receives from the public, sister agencies, expert testimony, industry players, members of Congress and anyone else who submits written comments. That's Civics 101.

So disagree all you want, but recognize that the Justice Department has every right to file written comments in the proceeding. That's not the problem.

Government agencies comment

Government agencies comment on matters before other agencies when they have some regulatory authority in the matter at hand, and that's appropriate. But they don't comment on them for purely political reasons. That's inappropriate.

That's where the Justice Department stepped over the line here. The department didn't make comments regarding anti-trust law here; they took a stand against network neutrality for political, not legal, reasons. The comments had nothing to do with the law, and everything to do with politics. And that's just plain wrong.

Surely you didn't think

Surely you didn't think Gonzales was the only source of the intense political partisanship that has permeated the DOJ under the Bush misadministration, did you? The Republican/Corporate money machine has had seven years to penetrate and co-opt every facet of the Federal government. They have truly turned our country into a government "of the corporations, by the corporations, and for the corporations." The Bottom Line & the Quarterly Stock Price are now the watchwords that determine what gets done, to whom, by whom, and for whom. "The public good be damned!" and "More Money!" are their battle cries, contracting and outsourcing are their weapons. Their greed, and their efforts to institutionalize it by buying "lawmakers" to pass bad legislation (DMCA), and virtually the entire Executive Branch to enforce them, have turned the United States into the largest and most powerful "banana republic" in history. So don't think Bush dumping Gonzales is really going to change anything. We're going to be dealing with this kind of crap for years to come.