The Digital Broadband Migration And The Federal Trade Commission:
Building The Competition And Consumer Agency Of The Future
William E. Kovacic
2010
p. 17-41

Kovacic’s latest paper discusses the FTC’s role and the development of Internet policy. He portrays the FTC as an organization with a long role and storied role in directing Internet development and believes there are three key areas of focus:

1. Competition policy agency. Kovacic says the agency addresses issues like disruption practices, abuse of dominance, and agreements between rivals. He also says the FTC has a role in broadband policy because of the “Brand X” decision, where the Supreme Court determined that Internet service is an “information service” and not a “telecommunications service” subject to regulation.
2. Consumer protection.
3. Attempting to provide means for privacy and data protection.
   

Kovacic says the FTC uses a wide range of tools in evaluating problems and developing solutions. Those tools include prosecuting cases, preparing materials, educating businesses and consumers about the issue, and cooperating with other public institutions for issue advocacy.

The paper identifies how the FTC conducts “good agency practice” and suggest how it may be able to improve the Internet experience for consumers, with many ideas grounded in oversight and not regulation.

The full article is here here.