No, Net Neutrality Doesn't Violate the 5th Amendment

An anonymous reader writes "Yesterday we discussed the theory that net neutrality might violate the 5th Amendment's 'takings clause.' Over at TechDirt they've explained why the paper making that claim is mistaken. Part of it is due to a misunderstanding of the technology, such as when the author suggests that someone who puts up a server connected to the Internet is 'invading' a broadband provider's private network. And part of it is due to glossing over the fact that broadband networks all have involved massive government subsidies, in the form of rights of way access, local franchise/monopolies, and/or direct subsidies from governments. The paper pretends, instead, that broadband networks are 100% private."

Comments

Re:Best way to fix it

[0123456]

No. Private enterprise did not want the internet. In large part they said "it's just a fad, no significant amount of commerce will be done over the internet."

Buggy-whip makers didn't want the automobile either, and said 'it's just a fad, no amount of travelling will be done in a horseless carriage'.

Meanwhile, private enterprise largely built the Internet after the very early phase, while government did its best to prevent commercial use. You know, companies like Sun, Cisco, etc, etc, etc, etc....