My biggest technical issue with this "common carrier" movement is spam. The author mentions it, but seems to suggest that users can simply block or ignore spammers. As somebody who witnessed the commercialization of the internet, I find this extremely naive. We generally think of email as a "common carrier," but even there, spam is blocked. Blocking spam is censorship. Failure to automatically detect 1% of spam will…
I think this is a common failing for legal analysis of tech problems. Some years ago Lessig made the argument that radio bandwidth should be unregulated and belong to all, instead of licensed to cellphone carriers. The technical basis for the argument was that's how Ethernet hubs work, and they work great. Of course, nobody uses a hub today.
To underestimate how technical changes affect real-life usage?
I often see the opposite fallacy: That tech people assume technically optimal solutions to be socially and legally optimal, which they often are not. To transfer this to your example: Perhaps the social and economic landscape of society would be better off if the spectrum belonged to us all. Maybe we would have developed legal and social norms to handle the hub nature?