Washington state leaders announce first-of-its-kind plan to defend net neutrality for constituents
- Thread starter fluffydelusions
- Start date
I'm no expert in the field either, and I'm mostly cribbing from Constitutional Law courses I took 10 years ago.
I think the ability for states to impose net neutrality will come down to this phrase: "requirements necessary to preserve and advance universal service, protect the public safety and welfare, ensure the continued quality of telecommunications services, and safeguard the rights of consumers." The Trump administration already is making the case that net neutrality laws are not necessary. I disagree with that assertion, but I can still see them litigating this issue if states create their own net neutrality regulations. Otherwise it will be a pretty Pyrrhic victory to repeal net neutrality, only to have enormous states like California and New York put it back into place. The big carriers won't be happy with that. And what the courts do with it may ultimately come down to a political issue, as it would likely end up at the U.S. Supreme Court.
From the linked article:
Even if that rule is in, that doesn't mean it's legal. By choosing not to enforce net neutrality, the FCC is forgoing it's legal authority. Thus the authority would remit to the states, theoretically. A state saying "you're not allowed to sell biased internet plans to end consumers in our state" does not interfere with the FCC's authority at all. The FCC has chosen not to regulate that area, and the state has.
The companies might argue that because the server or something might be in another state, it counts as interstate commerce, but one could counter that this fact has nothing to do with the end product sold to the consumer.
Seriously. The Seattle city council turned down Google's offer because of Comcast.
That's a bigger infrastructure problem. I am in Seattle and using Centurylink Fios, but it's rolling out slooooowly - and in neighborhoods with buried power and telecom lines (which is the sensible and attractive way to hide infrastructure from views and weather events), like Windermere, you're gonna be stuck with Comcast forever.
I for one can appreciate when a Governor works for his constituency. Wish I could say the same about those fucks in Congress.