FCC Will Also Order States To Scrap Plans For Their Own Net Neutrality Laws (arstechnica.com)
An anonymous reader quotes a report from Ars Technica: In addition to ditching its own net neutrality rules, the Federal Communications Commission also plans to tell state and local governments that they cannot impose local laws regulating broadband service. This detail was revealed by senior FCC officials in a phone briefing with reporters today, and it is a victory for broadband providers that asked for widespread preemption of state laws. FCC Chairman Ajit Pai's proposed order finds that state and local laws must be preempted if they conflict with the U.S. government's policy of deregulating broadband Internet service, FCC officials said. The FCC will vote on the order at its December 14 meeting. It isn't clear yet exactly how extensive the preemption will be. Preemption would clearly prevent states from imposing net neutrality laws similar to the ones being repealed by the FCC, but it could also prevent state laws related to the privacy of Internet users or other consumer protections. Pai's staff said that states and other localities do not have jurisdiction over broadband because it is an interstate service and that it would subvert federal policy for states and localities to impose their own rules.
I cannot think of a better way to kill the tech sector.
Somehow the rationalization that the internet is simultaneously a vital interstate service that precludes state regulation and a purely market driven business seems like a big business wet dream.
States can regulate and tax most businesses but not *this* business because it's special for "reasons".
Interstate commerce has frequently been abused since the 1942 ruling in Wickard v. Filburn which pretty much held all economic activity as interstate. Electing not to purchase something is interstate commerce that can be regulated because you are participating in the interstate market by lowering the demand in the market. If you want to talk about twisting the Constitution around, this is probably one of the most egregious rulings from the Supreme Court permitting twisting.
"Lack of speed can be overcome. In the worst case by patience." --Znork