The FCC's recently-issued "Policy Statement" is a thing of beauty.  It's like a bonsai garden, revealing in its miniature structure timeless themes of humanity and despair. 

The substance of the statement hasn't changed since FCC first anounced it on August 5.  It's only three pages long, but it has fifteen footnotes.  Watch what the Commission does.

Subvert.  First, the Commission points to Section 230 of the 1996 Act for authority as it extols the glories of the internet.  But Section 230's findings include the following statement of U.S. policy:

(b) POLICY.  It is the policy of the United States . . . (2) to preserve the vibrant and competitive free market that presently exists for the Internet and other interactive computer services, unfettered by Federal or State regulation . . .

The Commission ignores that part, because it is well on the way to regulating Internet services.  

Bootstrap.  The FCC is delighted with dicta in BrandX that it believes gives it authority to do anything it wants to under Title I of the 1996 Act.  Next, it takes the opportunity of this Policy Statement to quote the dictum ("has jurisdiction to impose additional regulatory obligations under its Title I ancillary jurisdiction to regulate interstate and foreign communications") on which it will be leaning very heavily in the months and years to come.

Gut.  Finally, the very last footnote says, "The principles we adopt are subject to reasonable network management." 

These principles aren't a policy statement.  They're not enforceable.  They're trumped by any network provider's Terms of Use.  They're nothing -- but they have given the Commission a chance to subvert and bootstrap.

Next -- CALEA.  The order comes in at 59 pages.