---
title: "ITIF Disappointed by President Obama’s Title II Endorsement"
date: "2014-11-10"
issues: ["Broadband Access and Regulation"]
content_type: "Press Releases"
canonical_url: "https://itif.org/publications/2014/11/10/itif-disappointed-president-obamas-title-ii-endorsement/"
---

# ITIF Disappointed by President Obama’s Title II Endorsement

WASHINGTON (Nov. 10, 2014) – In response to President Obama's statement on net neutrality this morning, Doug Brake, telecom policy analyst of the Information Technology and Innovation Foundation (ITIF), releases the following statement:

*ITIF is disappointed by President Obama's statement, not because of the general net neutrality policy he lays out, but because we strongly disagree that Title II is the correct way to achieve that policy. Just about everyone is in agreement with President Obama in wanting to assure an Internet free from blocking, "throttling," or any type prioritization that undermines a level playing field. Fortunately, in the Verizon decision the court laid out a clear path under section 706 of the Communications Act to enact just such rules. Such a path is surely the best route to enforceable rules that do not limit investment in and on the network, while allowing flexibility in allowing new technologies to flourish.*

*Reclassification under Title II is not easy or straightforward. The forbearance process is complex and lengthy, subject to arguments and delay from all interested parties. Furthermore, classification of ISPs as common carriers based solely on a policy goal would face steep legal challenges.*

*Title II represents a strong shift towards a European-style precautionary regulation, over-regulating up-front, without legitimate justification (carriers also disavow the practices Obama wants banned). This path would make it much harder to do pro-consumer network management, such as prioritizing voice-over-Internet-protocol (VOIP) calls for consumers, and is more likely to balkanize networks into distinct specialized services.*

*As the President acknowledges, the FCC is an independent agency, and how to proceed is ultimately up to Chairman Wheeler and the four other Commissioners. It pays to remember why we have this particular institutional design in the first place: to have an independent group of experts that are well versed in the subtleties and relatively immune from political pressure. Ungrounded populist outcry has driven us far from Wheeler's initial thoughtful proposal – it's time to come back to reality.*

Contact [Doug Brake](mailto:dbrake@itif.org ).

WASHINGTON (Nov. 10, 2014) – In response to President Obama's statement on net neutrality this morning, Doug Brake, telecom policy analyst of the Information Technology and Innovation Foundation (ITIF), releases the following statement:ITIF is disappointed by President Obama's statement, not because of the general net neutrality policy he lays out, but because we strongly disagree that Title II is the correct way to achieve that policy. Just about everyone is in agreement with President Obama in wanting to assure an Internet free from blocking, "throttling," or any type prioritization that undermines a level playing field. Fortunately, in the Verizon decision the court laid out a clear path under section 706 of the Communications Act to enact just such rules. Such a path is surely the best route to enforceable rules that do not limit investment in and on the network, while allowing flexibility in allowing new technologies to flourish.Reclassification under Title II is not easy or straightforward. The forbearance process is complex and lengthy, subject to arguments and delay from all interested parties. Furthermore, classification of ISPs as common carriers based solely on a policy goal would face steep legal challenges. Title II represents a strong shift towards a European-style precautionary regulation, over-regulating up-front, without legitimate justification (carriers also disavow the practices Obama wants banned). This path would make it much harder to do pro-consumer network management, such as prioritizing voice-over-Internet-protocol (VOIP) calls for consumers, and is more likely to balkanize networks into distinct specialized services.As the President acknowledges, the FCC is an independent agency, and how to proceed is ultimately up to Chairman Wheeler and the four other Commissioners. It pays to remember why we have this particular institutional design in the first place: to have an independent group of experts that are well versed in the subtleties and relatively immune from political pressure. Ungrounded populist outcry has driven us far from Wheeler's initial thoughtful proposal – it's time to come back to reality.

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*Source: Information Technology & Innovation Foundation (ITIF)*
*URL: https://itif.org/publications/2014/11/10/itif-disappointed-president-obamas-title-ii-endorsement/*