It would be very foolish of the FCC to turn Michael Powell's raw and naive policy idea about allowing users to run the "applications of their choice" into a de facto rule without going through a public rule making process that could refine the language. Think about it: an "application" (a fancy name for a computer program) encodes behavior. And anyone at all can write one. So, insisting that anyone be able to run an application means that anyone can behave any way that he or she wants to -- no matter how destructively -- on the Internet. So, this requirement essentially means that no network provider can have an enforceable Acceptable Use Policy or Terms of Service. This is a recipe for disaster. What would it do to ISPs? To educational institutions, landlords, and other enterprises which are essentially ISPs as well?
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