Communications Regulation Has Obvious Implications for Political Freedom

Communications regulators generally argue--essentially--that “if it walks like a duck, and talks like a duck, it is a duck” when applying policy frameworks to different kinds of communication networks (general purpose public networks; broadcast TV and radio; satellite; cable TV and data networks, for example). 

In other regards, irrespective of technology, protocol or architecture, public networks are regulated one way; other networks often in different ways. Private local area networks such as Wi-Fi have few, if any restrictions beyond power emission limits.  Wide area networks likewise have few, if any, limits.

Data networks are not regulated, or lightly regulated, if at all. The internet seems to exist in a different space, as governments retain the ability to block access, block apps or services if they choose. 

In that regard, the internet is somewhat less regulated than public communications for phones, PCs and other devices, but more regulated than enterprise WANs or other local area private networks. 

Advocates for content freedom and governments often stand apart where it comes to internet regulation. But most of the movement over the last 20 years has been in the direction of “more regulation.” VoIP services increasingly have become regulated just like older forms of voice using the public switched telephone network, for example. 

Private actors often are free to impose their own restrictions as well. And the direction there also has been towards less freedom. 

So “technology is not destiny.” Regulators are free to make their decisions any way they choose. 

Still, all networks these days now are computer networks, even if the manner of use can be different. Broadcast TV, broadcast radio, mobile networks, satellite networks, low power wide area networks and emergency networks, for example, often combine the right to use spectrum with a purpose-built network. 

Quite often, the applications supported by the network are vertically integrated, and the licensee controls who and what gets access to the network. In other cases, use of the network requires authorization (you are a customer of a mobile or satellite network and pay for access,  for example). 

The internet--and internet-based applications--do not operate that way. Each application can set its own access rules for customers and users. 

Oddly enough, highly-regulated networks such as the "phone network" and other public networks have historically not interferred with content, and are, in that sense, about as permissive as are data networks or other media such as newspapers and magazines, in some countries.

Content regulation has at times been more stringent, at times less stringent,  for broadcast TV, radio or cable TV networks. 

Again, oddly enough, it now appears as though private actors are suppressing freedom as much, if not more than governments. Rarely are content regulations imposed by governments as much as they are by private firms. 

The point is that regulators have discretion and choice. So do private actors who use communicatiions. They can make decisions that promote more or less freedom, in almost any sphere where data networks operate. Perhaps it is worth pointing out that societies and people might gain from more freedom, rather than less.