There are many problems with the public conversation surrounding the Federal Communications Commission's (FCC) net neutrality rule-making: The public discourse struggles to rise above simple catch-phrases, popular antipathy against broadband providers clouds good decision-making and the increasing politicization of tech issues drives policy-by-ideology over rigorous analysis of available trade-offs. But one problem stands out among the rest — we aren't actually arguing about net neutrality. Instead of fiddling with a variety of jurisdictional hooks, none of which are quite right for the job, the FCC should take a step back and allow this problem to be solved the right way — through legislation.
