FC: PFF's Randy May on regulation aficionados, Congress, and FTC

From: Declan McCullagh (declanat_private)
Date: Fri Jan 25 2002 - 14:04:53 PST

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    ---------- 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
    
    
    
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