We’ve already noted that NY Congressman Eric Massa believes broadband caps raise First Amendment issues, though we have trouble understanding exactly what those issues are. We’re not fans of the caps by any stretch of the imagination — and, in fact, think that they’re bad for innovation and bad for everyone (including the broadband providers implementing them). However, that doesn’t make them First Amendment issues. Still, Massa seems committed to introducing new regulations against caps, which may be as misguided as the caps themselves. The real issue shouldn’t be whether or not the caps exist; it should be how we can enable more competition in the broadband space, such that caps are no longer an issue. Massa claims his bill will “seek to increase competition among broadband providers,” but didn’t provide any explanation of what that actually meant. It would be great to see more competition, but it seems unlikely that what’s being cooked up here will do the trick.

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