The FCC is set to impose regulations under Title II of the Communications Act of 1934 on the Internet. This policy was tailored for monopoly telephone networks because, obviously, the Internet didn’t exist yet. When it first appeared, the Internet was only used by a fraction of the population. Over the years, the skyrocketing demand for Internet forced providers to innovate to guarantee consumer satisfaction. Fast forward to 2015 and the FCC is trying to install age-old regulations on a service that thrives precisely because the government leaves it alone.

In a surprise move, President Obama asked the FCC to regulate Internet service using laws written for telephone networks. In an effort to drum up opposition to the plan, Republican Senator Ted Cruz likened it to the Affordable Care Act.

The tweet set off a firestorm of criticism, demonstrating the challenge that Republicans face on how to message around net neutrality. As TechFreedom’s Berin Szoka explained in Bloomberg:

“Net neutrality and copyright have been the issues that grew this new Tea Party of the left,” TechFreedom President Berin Szoka said. What he clearly should have said is that Title II is Obamacare for the Internet. What Republicans really need to say here is that this debate is not really about net neutrality anymore. This is now about imposing 1934 regulations on the Internet.”

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