Previous message: http://www.politechbot.com/p-03052.html ---------- Forwarded message ---------- Date: Wed, 23 Jan 2002 11:10:55 -0500 From: Randy May <rmayat_private> To: "'declanat_private'" <declanat_private> Subject: RE: Regulation aficionados applaud Congress action against FTC Declan--As someone who is not a trade association representative or a lawyer representing companies seeking merger approvals,there are still several points that could be made in response to Andy Schwartzman's letter. But perhaps most fundamentally, I would question the idea--at the heart of his position--that independent regulatory agencies like the FTC and FCC, staffed by the so-called "experts"-- are best suited to deal with "controversial or politically sensitive issues" that "will determine the future of democracy in the digital era." I understand that this was the theoretical justification offered for the independent agencies offered by Dean Landis and Justice Felix Frankfurter at the height of New Deal jurisprudential thinking--and I assume it is Andy's well-intentioned view today. But I'm as, if not more, comfortable having "controversial and politically sensitive" policies formulated by the politically accountable Executive Branch. That way if people don't like the policies, there's always an election around the corner. Note that I'm not saying that I'm in favor of non-substantive "political interference" in the judicial or adjudicatory process once individual cases have been brought by either DOJ or the FTC. But I am saying that I'm as comfortable with having an executive branch agency like DOJ formulate policy concerning mergers and concentration of control as I am an independent regulatory agency, because politics, in the broad sense, is an important element of such policy formulation. Feel free to post if you wish. Best, Randy Randolph J. May Senior Fellow and Director of Communications Policy Studies The Progress & Freedom Foundation 1301 K Street, NW Suite 550 East Washington, DC 20005 Tel. 202-289-8928 Fax 202-289-6079 e-mail rmayat_private ------------------------------------------------------------------------- POLITECH -- Declan McCullagh's politics and technology mailing list You may redistribute this message freely if you include this notice. Declan McCullagh's photographs are at http://www.mccullagh.org/ To subscribe to Politech: http://www.politechbot.com/info/subscribe.html This message is archived at http://www.politechbot.com/ ------------------------------------------------------------------------- Events: Congreso Nacional de Periodismo Digital in Huesca, Spain from Jan. 17-18 (http://www.congresoperiodismo.com) and the Second International Conference on Web-Management in Diplomacy in Malta from Feb. 1-3. (http://www.diplomacy.edu/Web/conference2/) -------------------------------------------------------------------------
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