US Lawmakers Push For a Permanent Ban On Internet Access Taxes
jfruh (300774) writes Since 1998, U.S. law has forbidden states from taxing Internet access — but the law has an expiration date that's been extended five times now. The new Congress is attempting to make the ban permanent, but some members are objecting to the fact that the proposed bill leaves in place grandfather clauses for states like Texas and Ohio that already had taxes in place in 1998.
Although I personally don't want to pay internet access tax and believe that such taxes make it tougher less advantaged folks, by making it permanent we legitimize loopholes for all kind of special interests. Instead, we've got to get rid of the loopholes. We need to be driving towards a simpler system, with a basic income or similar to deal with inequality / poverty. Anything more is up to you.
The distinction here is the same as between discretionary and mandatory spending. The former needs to be reauthorized (every year since the budget is renewed every year). The latter continues until/unless the law is changed.
The tax prohibition is currently the former type - renewed every few years or it would disappear. Those opposed to the ban have to do nothing but use procedural tricks to block the renewal bill from ever getting to the floor to get the ban revoked. This proposal would make it the latter type - the ban continues until/unless the law is changed. More importantly, those opposed to the ban would have to specifically go on the record as drafting, submitting, and voting for legislation revoking the ban. And face the wrath of internet-using citizens come re-election.
It's hardly meaningless drivel.
I second that it doesn't seem like a reasonable thing to have the Federal government telling State governments how to tax Internet access. I also agree that it would be a dumb idea for the states to tax the Internet as a money-making device (there's not that much money in it unless you do some ridiculous tax like by the megabyte; it would be easier just to raise the income tax by 0.25% or something like that). I could see some states wanting to set up state-levied universal access fees, but then it would at the state level and better aligned with the individual needs of the states (yay laboratories of Democracy).
I also agree the AC that it is probably within the Fed's power to tell the States they can or cannot tax the Internet under the Commerce clause. But the Commerce clause is so abused it lets anyone do just about anything; and that's a whole other argument.
Normally I'm in favor of states rights, but I think this is a pretty clear cut case of the commerce clause taking precedent. The internet is all about interstate commerce. I mean how often do most people access resources located within their own state? Rarely ever, and practically none of them ONLY use resources in their own state while on the internet. But yeah, other than that, the commerce clause is WAY overused (such as the national 21 year old drinking law.)