Letter to Congress: Support an Open and Free Internet
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Earlier this week, myself and other scholars sent a letter to Congress opposing use of the Congressional Review Act (CRA) to repeal the Restoring Internet Freedom Order (RIF Order) adopted by the Federal Communications Commission. We support an Internet that is open and free, and a regulatory environment that encourages investment and innovation while ensuring consumer protection is paramount. The RIF Order meets these objectives, while refraining from applying 20th century utility regulation to the Internet.
Using the CRA to repeal the RIF Order would mean a return to Title II utility regulation governing the Internet. It would inject regulatory uncertainty into the Internet ecosystem, and in turn, result in decreased innovation and investment. Ultimately Title II is a path to more big government and a loss of American leadership.
We support a free and open Internet and we oppose utility regulation of the most dynamic communications platform the world has ever seen. For these reasons, we encourage Congress to oppose the adoption of a CRA resolution to overturn the RIF Order.
A full version of our letter is available here:
https://fedsoc-cms-public.s3.amazonaws.com/Blog/Scholars%20Net%20Neutrality%20Letter.pdf
Laurence A. Tisch Professor of Law and Director, Classical Liberal Institute, New York University School of Law; Director, Classical Liberal Institute, Civitas Institute University of Texas at Austin
Richard A. Epstein is the Laurence A. Tisch Professor of Law, at New York University, a senior research fellow at the Civitas Institute at the University of Texas Austin, and a senior Lecturer, the University of Chicago. He received an LL.D., h.c . from the University of Ghent, 2003 , and an LLD h.c . from the University of Siegen in 2018 and the Bradley Prize in 2011. He has been a member of the American Academy of Arts and Sciences since 1985. He has edited both the Journal of Legal Studies (1981-1991) and the Journal of Law and Economics (1991-2001). He is also a founder and director of the Classical Liberal Institute at NYU Law School. His most recent book is The Classical Liberal Constitution: The Uncertain Quest for Limited Government (2014). His other books include Takings: Private Property and the Power of Eminent Domain ( 1985); Bargaining with the State (1993); Simple Rules for a Complex World (1995); Principles for a Free Society: Reconciling Individual Liberty and the Common Good (1998); Skepticism and Freedom: A Modern Theory of Classical Liberalism (2003); Design for Liberty: Private Property, Public Administration and the Rule of Law (2011), and most recently, The Myth of Birthright citizenship—and Beyond (2026). He has taught courses in , administrative law, antitrust, constitutional, contracts, environmental law, land use planning; real property, torts and water law. He has written and spoken extensively on a wide range of topics, and is writes a regular column for Defining Ideas.