The Deontological Case Against Net Neutrality Regs

We’ve spent a lot of time here at TLF talking about the sound economic arguments against net neutrality regulation. We argue that net neutrality regulation will result in worse consequences than leaving the internet relatively unregulated. But to me, the more important point is that net neutrality regulation is itself unjust.

Why do I make such a strong claim? Simply put, people own their stuff. People can decide what to do with their stuff. People can enter into mutually-consensual agreements about what to do with their stuff. As long as both parties agree on the terms, both parties are deciding what to do with the property they each bring to the table. All that is just. It is unjust, on the other hand, to take someone’s property. It is similarly unjust to use force upon someone (e.g. by taking their money, which is other property they own) as a punishment for doing something just. So, it would be unjust for me to reach into your wallet and take a “fine” from you because I don’t like that you sold your copy of Anarchy State & Utopia to Berin for what I think is far too low of a price. I could argue to you that Berin is giving you a bad deal or tell Berin to stop exploiting you, but it is unjust for me to steal from you to enforce my personal desires about the terms of your agreement.

People can certainly disagree with what I’ve just said. I have defended those views, which are the central core of the libertarian conception of justice, elsewhere. But if you accept what I said in the last paragraph, then net neutrality regulation is unjust. Why? Well, the ISPs own their pipes (or own the rights to use pipes in the way they’re using them). They can do whatever they want with them. They could just use their wires for their own purposes, e.g. hanging Christmas decorations or sending communications between their employees like an internal telephone system, or leave them unused. Instead, they reach mutually-consensual agreements with others (“customers”) whereby