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Net Neutrality: A Solution in Search of a Problem
Posted By:  - 11/10/11

A solution in search of a problem. That’s the best way to describe the Net Neutrality regulations that the Senate is currently debating in anticipation of a vote later today.

The Internet is not broken. Given the present state of our economy, it is one of the few sectors that could be described as such. In just the past decade the number of Internet users has soared from 513 million to more than 2.1 billion. It has not only fundamentally changed how individuals learn, communicate, and work, but has spawned an entire economic ecosystem, without which Google, Apple, Facebook, and thousands of other companies (and the jobs they created) would not exist.

Moreover, all of this growth and innovation has occurred in large part without government regulation. Indeed, it is not a stretch to say that the Internet is the definitive free-market success story of our generation. Sadly, that hasn’t stopped Washington from wanting to gets its hands on it. And unlike Midas (or Steve Jobs, if we’re sticking to the theme), everything the government touches does not turn to gold.

By way of background, Net Neutrality is the principle that Internet service providers should not block or slow-down consumer’s access to networks. The fear, as Sen. John Kerry (R-MA), explained on the Senate floor yesterday, is that “the people who control those access points [to the Internet] can start discriminating about who gets access at what speed . . . and begin to charge mo"re for [faster access].”

Except there is little evidence that would ever happen. What supporters of Net Neutrality seem to forget is that consumers tend to not like getting shoddy, slow, or overpriced service.

That’s one of the reasons  internet service providers have been falling all over themselves to invest in the needed infrastructure. Consider the recent battle between Verizon Wireless and AT&T – each of which have spent millions of dollars in an ad war about the relative strength of their mobile “3G” networks. Consumers are increasingly savvy about these sorts of things and the free market has worked to keep them not only honest, but pushing for improvement. That’s one of the reasons that 93 percent of broadband subscribers are happy with their service – more than 10 times higher than the 9 percent approval rating Americans give Congress.

But while Net Neutrality proponents rest their claims on unfounded predictions of some future harm, the threat of the FCC’s proposed regulations are very real.

Implementing Net Neutrality regulations would require the FCC to have deep access to the business practices of the regulated internet service providers. This would include the ability to constantly monitor and draw data from network structures, content types, delivery modes and speed, applications, user preferences, and usage activity. This is not merely a privacy concern. It would equip the FCC with a vast body of information that could enable the implementation of a long-sought Internet taxation scheme. And with Democrats constantly on the search for more revenues to fund their spending habits, the temptation for Internet tax schemes grows.

In searching for a solution to a phantom problem, the federal government threatens to create a very real one – stifling investment in our most promising source of economic growth. There is no market failure here that requires the government to regulate. Rather, the Internet is a free market success story that, if Net Neutrality regulations proceed, could end up with a very sad ending.

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The 99%
Posted By: Andrew Moylan - 11/10/11

What if I told you that Congressional leaders were maneuvering right now to enact a policy that literally benefits only the top 1% of Americans? If you were an "Occupy" protester, you'd probably tell me that's the only thing Congress ever does! Others know better, of course, but in one way it's absolutely true. Despite overwhelming opposition from conservatives, including NTU, I'm hearing lots of buzz that negotiators on the "minibus" appropriations bill are considering including a provision to raise conforming loan limits for the FHA (which insures mortgages) back up to an absurdly-high $729,750 (from an already-high $625,500 limit).

In a hilariously convenient coincidence, it turns out that the higher limit would quite literally only benefit roughly the top 1% of home purchasers. Not content to insure mortgages at a level that would cover 92% of all home purchases (like we did at the pre-bailout loan limit of $417,000), or even 97.8% of home purchases (which a $625,000 limit would cover), some in Congress are apparently insisting on allowing FHA to insure mortgages at a level that would cover nearly 99% of all home purchases. It would be funny if it wasn't so sad (and angering).

Federal involvement in the mortgage market has already cost taxpayers a staggering $169 billion, but that is apparently not enough of a disincentive for some Members of Congress. Not only would the higher conforming loan limit increase risk for taxpayers, it would stomp on a willing private mortgage insurance market and dramatically undermine the prospects for true housing policy and GSE reform in the future. We should be spending this time figuring out how to wind down Fannie and Freddie and the FHA's outsized role in housing finance. 

The "99% movement" protesters are wrong as it relates to income taxes, where the top 1% of earners paid nearly 37% of all income taxes in 2009. When you broaden the scope to all federal taxes (including corporate, social insurance, and excise taxes), the story is basically the same: the top 1% shouldered 28% of the burden in 2007. Our tax code is not, by and large, rigged for rich folks. But if the conforming loan limit reports are true, we're about to hand the gift of federal backing to the richest 1% of homeowners in the country in a shameful and completely unnecessary act.

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William Niskanen, RIP
Posted By: Andrew Moylan - 10/27/11

I was very saddened to hear that William Niskanen, famed economist and Chairman of the Cato Institute, passed away yesterday at the age of 78. Bill was a giant in the limited-government movement and his contributions will live on for generations to come. His pioneering work in public choice economics, his turn as Chairman of President Reagan's Council of Economic Advisors, and his more recent role as a respected scholar at Cato all contributed mightily to shifts in economic thought and public perceptions of government. George Scoville wrote a nice piece at United Liberty documenting his lasting influence.

Unfortunately, I can't claim to have known Bill terribly well myself. Back when I graduated from the University of Michigan, I moved to Washington and began an internship at the Cato Institute during his tenure as Chairman. I can only recall running into him once (at a large organization like Cato interns don't often have occasion to work with the top brass) when we shared an elevator ride to the top floor. In my mind, he seemed about 6'5" and looked every bit the part of the brainy economist (a sentiment apparently shared by Cato's Randal O'Toole, as Bill was apparently less than 6' tall) and I was too intimidated to say more than an awkward "Hello."

The "his legacy will live on" stuff one hears after someone's death is often lionizing pablum, but not with Bill Niskanen. His work truly serves as the foundation upon which many of NTU's efforts are built. As but one specific example, our recent support of Representative Justin Amash's "Business Cycle Balanced Budget Amendment" is directly informed by Bill's work in identifying a better structure for fiscal limits.

He will truly be missed, and the thoughts and prayers of NTU are with the Niskanen family and our friends at the Cato Institute for their loss.

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Video: Why Are Living Standards So Different In Chile and Venezuela?
Posted By: Dan Barrett - 10/24/11

Occasionally, the Internet gives you a gem. This video is the second in a planned series about how economic freedom results in better conditions for everyone. Episode 2 compares 10 countries with the most economic freedom and 10 with the least.

Compared to countries with more regulation and more economic paternalism, countries with greater economic freedom have the following bright points. Freer nations sport populations with 20 more years in life expectancy and the poorest 10% earn eight times more than those in more closed economies.

The United States has enjoyed great success as an economically free nation. However with more government intervention in our economic affairs, the US is falling in economic freedom and the consequences were perfectly illustrated in the video. Imagine a fishing boat (representing private enterprise) cruising in the ocean when a large wave (representing government regulation and spending) approaches. Private businesses must climb the wave to avoid sinking and that climb slows their progress. We’re seeing the mountains of paperwork and compliance costs washing over small and large businesses. What are we going to do about it?

We can start with cutting spending -- the heart of our financial disarray. NTUF maintains a spreadsheet of all scored savings proposals. This is just the start of what we can cut and how we can do things differently. Next, figure out long-term entitlement reform of Social Security, Medicare, Medicaid, federal retirement systems, and state and local pensions. The video displayed a 1000% of the private economy worth of promised obligations US governments have made. And it is just going to get worse. Third, regulations are cutting down progress. It’s about time the US advances to the 21st century with simplified and realistic regulations. If the US continues on the path of more regulation, more spending, and less economic freedom, entrepreneurship will fall and we will no longer be the economic superpower.


You can check out the first Economic Freedom video here.


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With Many Businesses Closing Their Doors, It's Time to Open a "Repatriation Window"
Posted By:  - 08/25/11

Remember the good ol' days? Back when the United States only had the second highest corporate tax rate in the industrialized world? Those were good times. But with Japan having implemented a 5 percent cut in their corporate rate (and potentially seeking further reductions) America is left with the ignominy of taxing it's businesses more than any other developed country. 

Permanent and fundamental reform is needed to reduce America's corporate income tax burden. Unfortunately, beyond punitively hiking taxes on a few disfavored industries (oil), President Obama has shown little willingness to make any wholesale changes to our uncompetitive tax regime.

But as NTU has argued, while we're waiting on the politics of larger reform, can't we at least build a consensus around a common-sense corporate tax holiday? The idea would be to create a period of time in which U.S.-based businesses could repatriate, that is to say, bring back, foreign earnings that they were stashing overseas so as not to pay our sky-high tax rates.

Sure, it's not ideal, but it could allow companies to reduce debt, increase investment, and jumpstart hiring. And in case you've been living under a rock (or vacationing in Martha's Vineyard) those are three things the American economy could sorely use right about now.

So what's the hold up? Well, some have begun to argue that the cost of a repatriation window is just to high, especially at a time of deep deficits. They say that the expectation of future tax holidays would lead businesses to simply park their cash overseas rather than bring it back at normal tax rates.

A new study out by NDN, a progressive think tank, should allay these fears. "Rather than the $78.7 billion revenue loss projected by the JCT, enacting a "repatriation" provision similar to H.R. 1834 this year would likely bring in a net $8.7 billion over 10 years to the U.S. Treasury," says the group via press release.

The study also found that the last repatriation holiday led to significantly more money being brought to the U.S. than expected under the JCT model and did not lead to a sharp decline in money repatriated at the standard 35 percent rate.


Washington should absolutely push for more fundamental corporate reforms to ensure American businesses remain competitive in the global economy, but in the meantime a corporate tax holiday could provide a useful boost to GDP while also helping to pay down our staggering deficit.

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Friendly Reminder: FCC's Actions are Stifling Job Creation
Posted By: Andrew Moylan - 08/12/11

Remember back in 2009 and 2010 when Democrats in Congress were debating how best to craft government intervention in the health care sector, which accounts for about one-sixth of the American economy? Good times! (Not really) Well, at about the same time the Federal Communications Commission was debating how best to craft government intervention into the world of the Internet, which itself accounts for another one-sixth of our economy. Despite the vigorous opposition of NTU and innumerable other public policy groups and Members of Congress, the FCC plowed ahead with an ill-advised "net neutrality" scheme giving bureaucrats regulatory power over network management. This power-grab threatens to undermine one of the most vibrant portions of our increasingly fragile economy. Unfortunately, it's par for the course for the present Administration.

Once again, the President is trying to have it both ways on job creation. Allies in Congress and his executive agencies have pursued policy after policy that reduce growth potential, while at the same time trotting out tired plans that they can tout as economic progress. Meanwhile, whether you look at start-up companies, tech operations, energy concerns, or small business owners, the only thing most entrepreneurs have received from the President and his agencies has been more red tape, more burdensome regulations, and more hoops to jump through. 

Just last week, the FCC unveiled a plan to create jobs and boost our stalled economic recovery. OK, you might say, sounds like progress. Did they announce they'd be abandoning net neutrality and its stifling effects, something that would help to clear out barriers to job creation? No, of course not! Their plan involves getting more Americans working in call centers.

When it comes to the world of telecom, the solution to our job market woes is not another tour of federal regulators touting a poll-tested message about innovation. The solution lies in the Administration finally taking steps to empower business owners to grow their companies, reach new markets, generate a new wave of technology innovation, and hire new employees. In short, the solution is getting government out of the way, just as it was out of the way for the unprecedented explosion of the Internet.

Job creation is more of an art than a science, but one thing that is certain is that the federal government is all thumbs when trying to point the way to our economy's future. Instead of empowering bureaucrats to solve non-problems, the President and the FCC should immediately ditch harmful net neutrality policies and pursue a regulatory streamlining that will ease burdens on Internet users and businesses.

While that path would be a much smoother one than we're currently on, I would simply say (to use my favorite phrase) that I'm crossing my fingers, but not holding my breath. Let's hope the President and his FCC proves my cynicism misguided. 

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After the Downgrade, Decline or Fall for America?
Posted By: Pete Sepp - 08/07/11

The fallout from late Friday’s downgrade of the U.S. sovereign debt rating has only begun to settle on the global economic landscape – and the pundits are busily sweeping their analytical Geiger-counters over the scene to determine the extent of the damage as well as the prospects for clean-up. But even before S&P dropped its bomb, the protective measures that just might have kept us out of the mess were self-evident. Look no further than earlier that day, when markets reacted positively to the “somewhat stabilizing news” that debt-riddled Italy would more aggressively pursue fiscal consolidation through entitlement reforms and a Balanced Budget Amendment to its constitution.

At least one chamber of the U.S. Congress understood the importance of such an approach earlier in July, when the House passed the NTU-backed Cut, Cap, and Balance plan and later a bill that required passage of a BBA before a medium-term increase in federal borrowing could occur. When House Speaker John Boehner released the first version of the Budget Control Act, which did not contain the BBA enactment clause, we cautioned that, “What should really terrify Members [of Congress] … is the very real prospect that even enactment of the Boehner plan, which may prove a career-ender for lawmakers who promised bolder action, will not be enough to fend off a downgrade in our nation’s credit rating …”

In the end, lawmakers balked at a mandatory BBA provision, a major reason behind NTU’s opposition to the final version of the Budget Control Act that President Obama signed into law. But our warning was hardly gifted insight: as many other scholars have shown, successful fiscal adjustments in other nations are largely marked by a reliance to tackle spending (especially benefit programs) rather than raise taxes, and to institute solid budget-process reforms.

So now America’s era of fiscal exceptionalism is over. Welcome to the ugly new reality. Am I being a doomsayer? All right then, here are the obligatory caveats:

  • Only one agency has reduced our rating so far, and the immediate impact on U.S. debt-service costs and other borrowing sectors may not be huge;
  • Rating agencies certainly don’t have an unblemished record when it comes to handicapping the fiscal stability of governments;
  • Market analysts and financial planners say “the fundamentals are still there” for investment in the U.S.;
  • Other countries have, over time, recovered their triple-A ratings; and
  • After initially reacting to S&P’s decision like a kleptocratic regime with its hand caught in the cookie jar, the Administration is now calling for a major, unified push on behalf of deficit reduction (which, from the White House’s perspective, likely includes punitive tax hikes).

Feel better now? Me neither. No matter what else happens, our leaders have irrevocably squandered the intangible but still valuable “confidence dividend” for investors that comes with an unbroken AAA rating. From this point forward, at best we can hope for an asterisk beside the name “United States of America” in the record books on countries’ fiscal stability. At worst … well, let’s not go there. And if indeed we don’t want to arrive there, Washington had best get serious about ways to avoid it. Harry Reid didn’t want to “waste time” on Cut, Cap, and Balance, but maybe now his colleagues in the Senate will see fit to clear their crowded recess calendars and give it the consideration it deserves.

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5 Things Washington Could Do to Jumpstart Job Creation
Posted By:  - 08/05/11

The debt ceiling debate has come to a merciful (if not ideal) come to an end. What is President Obama to do now? Why, pivot to jobs of course.

Sadly, it didn’t take a crack political mind, insider sources, or ESP to figure out what the White House was planning, you just have to look at history. A pivot to job creation has become Democrats go-to move. In fact, Ben Smith of Politico has identified at least six-other times that the Obama Administration has announced a similar shift.

Despite all the claims of a “laser-like focus” on jobs, the White House has never actually gotten around to it. Instead, apparently unable to walk and chew gum at the same time, he is consistently sidetracked by other things. But after more than two years and seven pivots Americans should begin to wonder whether it is truly an inability to multitask or whether it is simply that the Obama Administration has no idea how to promote job creation in the first place. It is almost as if he opened his Keynesian bag of tricks to discover it contained only one trick – stimulus.

 So while the Administration pivots themselves in circles, here are several actions that Washington could pursue to create the environment needed for job growth:

  1. Reduce the regulatory burden on businesses. The Code of Federal Regulations is over 163,000 pages and the Administration has tacked on another 600+ this month alone. The regulatory tidal wave is only predicted to grow as myriad rules are handed down as a result of the health care reform bill and Dodd-Frank. A quick solution would be to pass the Regulations from the Executive in Need of Scrutiny (REINS) Act which would require Congress to take an up-or-down vote on all proposed rules that would have an annual economic impact of $100 million or more.
  2. Ratify the pending free trade agreements with Panama, Colombia, and Korea without making it conditional upon continuation of the Trade Adjustment Assistance program. Free trade agreements have contributed to America’s place as the world’s largest exporter. Although the 17 nations covered under our current FTAs represent only 7.5 percent of the world’s non-U.S. gross GDP, they purchase 40 percent of U.S. exports. Passage of further free trade agreements would provide a further boost to U.S. manufacturers, through reduced tariffs, and taxpayers, in lower priced goods – both of which would help to jumpstart our sluggish recovery.
  3. Complete approval of the Keystone XL pipeline from Canada.  This could be accomplished by Senate passage of HR 1938 (it already sailed through the House), which would expedite a final decision on the permitting process for the Keystone XL pipeline. This pipeline would create an estimated 343,000 American jobs as well as provide an additional 500,000 barrels of oil a day from Canada – our largest and most stable supplier.
  4. Encourage safe and responsible domestic energy development. Government inaction and bureaucratic obstructionism has left the approval process for offshore lease sales at a standstill. The implicit “permitorium” has forced rigs to leave our waters, energy exploration to dramatically slow, and investment to flow to other countries. House Republicans have passed multiple pieces of legislation including H.R. 1229, H.R. 1230, and H.R. 1231, to loosen the government’s stranglehold on America’s expansive oil and natural gas deposits. The Senate should move quickly to pass these bills.  
  5. Support a repatriation holiday. America’s sky-high corporate tax rate coupled with its outdated use of a worldwide tax system places U.S. businesses at a competitive disadvantage. Although fundamental reform of our corporate tax structure should be on the top of Washington’s to-do list, a repatriation holiday, such as that offered by H.R. 1834 would provide an immediate lift to businesses. The bill, which would allow companies to bring back foreign earnings at a lower tax rate, would allow companies to reduce debt, increase investment, and create jobs.

These few simple ideas, many of which have already passed the House of Representatives, would provide an immediate spark to our economy. If only the Obama Administration would stop pivoting and start focusing on such policies perhaps America could escape its prolonged economic malaise.  

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Mitch McConnell Proposed What?!?!
Posted By: Andrew Moylan - 07/12/11

It's been a crazy week in Washington, but it just got substantially crazier. I'm sitting at my desk plugging away at some work when my email starts blowing up with details of a new debt ceiling plan being floated by Senator Mitch McConnell (R-KY), the Minority Leader. It's a doozy, but the basic breakdown is this: the President would be authorized to request from Congress three separate debt ceiling increases of between $700-$900 billion each. He would be required to submit a plan for an equivalent amount of spending reductions. Congress would then be given a chance to "veto" this package by voting on what's called a "Resolution of Disapproval." If that resolution failed, then the President would have his debt ceiling hike alongside a toothless set of spending reduction ideas. Even if the disapproval passed, he could then veto the resolution meaning that a two-thirds majority of Congress would have to override his veto in order to have the disapproval stand.

So what does that mean in reality? It means the President gets his debt ceiling increase, lock, stock, and barrel, unless a miracle occurs and two-thirds of Congress (AKA every Republican in the House and 50 Democrats along with every Republican in the Senate and 20 Democrats) engage in a sudden burst of bipartisanship and override his veto. True, the plan requires the President to submit a plan to reduce spending by an equivalent amount, but a plan isn't the same as actually cutting spending. Congress would have to actually incorporate those spending reductions into future bills, and the whole reason we have the debt ceiling impasse right now is that they can't agree on what spending reductions to include in future bills.

This is a point that appears to have been missed by some. There are otherwise-solid conservative legislators and activists who have said nice things about the plan because it appears to put the debt ceiling onus directly on the President. But, let me repeat, it does NOT force any cuts in spending. It contains nothing in the way of Congressional fast-track authority, the way several "spending commission" proposals that preceded the President's Fiscal Commission executive order did. Unless I'm missing something (which is always possible), I don't see a single thing that actually requires a spending cut, just a requirement that the President identify a list of spending cuts.

People smarter than I am have also raised real constitutional questions about this plan, as it essentially reverses the legislative process by allowing the President to propose something and Congress to veto that proposal. There is something of a precedent with the Congressional Review Act, which was established to allow Congress to modify or eliminate regulations proposed by executive agencies, but that's a much narrower case where Congress has delegated its legislative authorities relating to regulatory issues. This, on the other hand, strikes right at the heart of Congress' proper authority to determine levels of spending and borrowing as defined in Article I, Section 8 of the Constitution. It also bears a resemblance to the line-item veto debate of the 1990s, where a proposal was ruled unconstitutional because it allowed for the President to implement a set of policies not with Congress' APPROVAL, but simply by its lack of DISAPPROVAL.

Beyond all of the technical issues (which are substantial and important), it strikes me as a classic case of being worried about politics over policy. The reason this proposal was drafted in this way is because it would lay responsibility for raising the debt ceiling at the feet of the President. Of course, in shifting slightly more of the "blame" on to Obama (by the way, I think it can be argued that he already will bear most of the public responsibility for hiking the debt ceiling), it grants him a huge increase in the debt limit without including any kind of enforceable reforms to spending now or in the future. That might be a cutesy way to damage the President politically, but it's absolutely horrible if your actual goal in this whole debate is to address Washington's overspending problem.

The solution to our debt disaster is not some complicated form of legislative Jiu Jitsu, it's "Cut, Cap, and Balance." Cutting spending in the short-term will address our deficit, establishing a strong statutory spending cap will put us on a glide path to balance in the medium-term, and the passage and submission to the states of a strong Balanced Budget Amendment will provide a real long-term constraint on a Congress that has proven incapable of fiscal discipline.

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Unemployment Continues its Upward Trend
Posted By:  - 07/08/11

The June unemployment rate reached 9.2 percent according to a report released today by the U.S. Bureau of Labor statistics. And we thought May was bad!

Sadly, after yet another bad month we can put to bed the notion that this negative hiring trend is a fluke. With only 18,000 jobs added, Americans are still waiting around for that promised “Recovery Summer.” Instead, American workers continue to face one of the most dismal employment situations in history, led by a President that appears out of his league. In Wednesday’s Twitter Town Hall the President said,

“I think even I did not realize the magnitude, because most economists didn’t realize the magnitude of the recession until fairly far into it . . . And so I think people may not have been prepared for how long this was going to take and why we were going to have to make some very difficult decisions and choices. And I take responsibility for that, because setting people’s expectations is party of how you end up being able to respond well.”

Mr. President, I don’t think expectations are the main problem here. Just a wild guess, but I bet it has something to do with the sluggish recovery in the face of having spent nearly $1 billion in taxpayer money to fix it.

Our President looks downright grounded compared to his top adviser, David Plouffe, who suggested today that the average American isn’t worried about unemployment rates:

“The average American does not view the economy through the prism of GDP or unemployment rates or even monthly jobs numbers. People won’t vote based on the unemployment rate, they’re going to vote based on: ‘How do I feel about my own situation? Do I believe the president makes decisions based on me and my family?” said David Plouffe, a chief advisor to Obama.

Americans disagree.  The top issues in January-May were unemployment and the economy according to a recent Gallup survey. Job seekers are desperately in need of an island of good news in a sea of dismal economic conditions. Thus far, they haven’t been able to find it. And frankly, with the President’s recently stated goal of raising taxes, it doesn’t look like the storm clouds are abating anytime soon.

But there is a way out. Conservatives have tossed America a lifejacket in the form of Cut, Cap and Balance – a comprehensive plan to reduce spending immediately and permanently. The persistent threat of new regulations, higher taxes, and worst of all, default is keeping our recovery at bay. Only by working towards a balanced budget will we unlock the true potential of America’s economic engine and make headway against our staggering unemployment problem.


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