Others have not backed off, though. The Federal Communications Commission has been working diligently to find a way to act on the same control impulses that Sunstein had in mind, with something called "net neutrality."
I know it sounds wonderfully fair. But the reality of net neutrality makes as much sense as mandating that tricycle riders have the same rights and privileges as cars and trucks on our roads -- highway neutrality.
The FCC promises it doesn't have any intention of controlling Internet content, only of making access fair. But empowered with the ability to regulate the flow of online traffic, it offers a semantic, not substantive, excuse for a power grab.
Like Sunstein, the FCC should acknowledge that the complexities of the Internet are beyond the ability of control. Not to mention unnecessary.