Lessig talks big picture strategy

One of the biggest targets of reform that we should be thinking about is how to blow up the FCC. The FCC was set up to protect business and to protect the dominant industries of communication at the time, and its history has been a history of protectionism -- protecting the dominant industry against new forms of competition -- and it continues to have that effect today. It becomes a sort of short circuit for lobbyists; you only have to convince a small number of commissioners, as opposed to convincing all of Congress. So I think there are a lot of places we have to think about radically changing the scope and footprint of government.  Most interesting to me was when I was doing research very early on about this, and I talked to someone who was in the Clinton administration. They were talking about Al Gore's original proposal for Title VII of the Communications Act. Title II deals with telecom and Title VI deals with cable and Title VII was going to be an Internet title. And Title VII was going to basically say, no regulation except for minimal interconnect requirements -- so it would be taking away both DSL and cable and putting them under one regulatory structure that minimized regulation of both. When this idea was floated on the Hill, it was shot down. The answer came back was, "We can't do this! How are we going to raise money from these people if we've deregulated all of this?"