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States Take Net Neutrality Into Their Own Hands

By: Harper Neidig of The Hill

States are pushing their own net neutrality laws and rules in defiance of the Federal Communications Commission’s (FCC) repeal, heightening the possibility that supporters will be waging another legal battle over the popular Obama-era regulations.

Washington and Oregon have already passed their own laws to fill the void left by the FCC’s repeal, and California appears to be close behind after the state Senate passed a net neutrality bill on Wednesday.

A total of 29 states have proposed their own open internet legislation, according to Gigi Sohn, a fellow at Georgetown Law who’s been tracking the initiatives.

And five Democratic governors have gone with another tactic: issuing executive orders that prohibit the state from doing business with any broadband company that violates the principles of net neutrality.

The FCC’s repeal order included a provision preempting states from creating their own net neutrality rules, and this movement could lay the groundwork for a court battle over states’ rights to implement their own consumer protections.

A potential industry lawsuit against the states that have passed net neutrality laws could hold some promise for net neutrality supporters, says Marc Martin, a communications and technology lawyer at Perkins Coie.

“It’s not a slam dunk” despite the preemption clause, Martin said. “It’ll be interesting, I think that is one of the more vulnerable parts of the repeal overall.”

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