CA PUC Commissioner Susan Kennedy, who we have praised and other times mildly, ever-so-mildly criticized, has a clarifying speech on VoIP. It is a wonderful synopsis of the challenges that VoIP presents to the regulatory system.

Most interesting is the commissioner's view of proposed 'net neutrality' regulation:

I have come to believe that we have to approach the issue of Net neutrality like we do the right to free speech or privacy. What constitutes speech or privacy is not necessarily defined in statute – these are principles that are enforced on a case by case basis and codified in a dynamic and robust body of case law.

I believe the FCC should address this issue on a case by case basis until a problem materializes that consumers cannot fix on their own through the power of choice in a free market.

On the other hand, where customer choices are being limited by blatantly anti-competitive actions, regulators should be fearless about stepping in.

Quite so.