Clermont, Florida Correspondent — Utility treatment brings heavier obligations on neutrality and access. It also brings heavier regulation and slower movement, and these firms aren’t a clean parallel to a railroad because they’re carriers and editors at once.
A lighter approach — clearer rules on transparency, data portability, consistent enforcement of their own published standards — may get more of what people actually want.
Pure common-carrier status would also limit their ability to deal with spam and fraud, and my clients would notice that within a week.
Orange County, California Correspondent — Full utility treatment is a blunt instrument. It would constrain selective enforcement and it would also invite continuous political pressure on content, which is the thing the proponents say they’re trying to prevent.
I’d raise the capture problem, since it’s the one my industry knows best. A regulated utility acquires a commission, and commissions get captured by the entity they regulate, because that entity is the only party in the room every single day. You’d be handing these firms a permanent institutional relationship with their own regulator.
Transparency and portability are preferable for now.
Novi, Michigan Correspondent — They function as essential infrastructure for speech and commerce and they also curate. Both are true and a single category won’t hold both.
A hybrid set of obligations on neutrality and data access makes more sense than pure common-carrier status. We do something similar with suppliers who are simultaneously partners and competitors, and it works because the obligations are specific rather than categorical.
Gastonia, North Carolina Correspondent — I’d start from what the word carrier actually implies, since we’re borrowing it. A carrier doesn’t read the freight. These companies read the freight, sort it, and decide what gets to the front of the train, and that’s the entire product.
So the analogy fails at the first step, which doesn’t mean the concern behind it is wrong.
Targeted obligations on transparency, portability, and consistent enforcement of their own rules. That gets at the actual grievance, which is arbitrariness rather than curation as such.
Cheyenne, Wyoming Correspondent — If they’re the only road, they take road duties. Carry the lawful load. Publish the toll. Don’t bury the disfavored shipper.
If they’re a magazine, they lose the argument that they’re too essential to touch.
They shouldn’t get both costumes. What I’d avoid is the full utility ending, which is a rate case and a permanent lobby. Duties without a monopoly blessing.
Long Island, New York Correspondent — Common-carrier logic is tempting because the public already experiences these firms as the wire. Utility logic is dangerous because utilities capture their commission, and then you’ve married the firms to the state.
That marriage is how you get censorship with a badge, which is worse than censorship with a terms-of-service document, because at least the document can be embarrassing in public.
I’d want carrier-like duties on hosting and ranking lawful speech, plus portability so a user can leave with her audience. I would not want a public service commission for memes.
Treat the bottleneck as a bottleneck. Watch them closely. Don’t wed them.
Knoxville, Tennessee Correspondent — A utility you can’t escape is a government that pays dividends.
I won’t vote for that while there’s still time to impose duties instead. Must-carry for lawful content is closer to the right tool than a rate base. Portability is closer than a breakup that takes ten years and arrives after the market has moved anyway.
The current arrangement — private censor, public square, statutory immunity — is the worst available mix. Change the mix. Don’t nationalize it.
Jacksonville, Florida Correspondent — Ports aren’t utilities in the full sense and we still live under access rules. Common carriage in shipping is a real body of law and it’s narrower than people assume.
Use that pattern. Access for lawful cargo. Posted rules. Liability when you discriminate as a political actor rather than as an operator.
No commission setting the price of a like. That’s enough to start with, and starting is what we haven’t done.
