New York Governor Signs Executive Order To Keep Net Neutrality Rules After FCC's Repeal (theverge.com)

New York Governor Andrew Cuomo announced today that he has signed an executive order that would require internet service providers with state contracts to abide by net neutrality rules, even though the FCC recently voted to repeal those rules last month. Cuomo's announcement comes a couple days after Montana's governor signed essentially the same order. The Verge reports: [Both executive orders] require service providers with contracts to abide by the widely agreed upon tenets of net neutrality: no blocking, throttling, or otherwise favoring content. But the more populous New York could now become a key battleground over net neutrality. According to the order, any service provider receiving or renewing a contract after March 1st in New York will be required to sign an agreement saying they will adhere to net neutrality principles. Major companies, including Verizon and AT&T, have signed contracts with the state. That, however, doesn't mean the executive order will stand. When it passed its repeal of net neutrality rules late last year, the FCC specifically included a provision blocking states from passing their own rules. New York, like other states that attempt similar plans, will likely face a legal challenge.

Comments

Clever way around "blocked from imposing rules"

[Mike Van Pelt]

As I read this, New York isn't imposing a rule that would run afoul of the FCC's ban on states and localities imposing rules on internet providers.

They're just saying that neutrality is a condition of doing business with New York.

If you don't want to do net neutrality, fine, knock yourself out, but New York will not do business with you. Your choice.

I don't see that the FCC has a say in this.

Re:Clever way around "blocked from imposing rules"

[Software]

At the risk of nitpicking, it's not a business practice, it's a government practice. The distinction is important because the courts have typically given governments broad leeway in using their "power of the purse". A good example is the 21 year old drinking age, which is not a federal law. However, the states were threatened with losing their share of the federally-allocated highway funds if they didn't enact their own 21 year old drinking age laws.

The potential harm of traffic shaping is not something the state should ignore in its procurement processes. The ISPs who shape traffic will eventually start to throttle VPNs once customers realize they can get Netflix faster over a VPN without having to buy the "Streamer's Package" (or whatever the ISPs will call it). VPNs used by government employees working remotely will get throttled, too. So the state has a legitimate interest in discouraging traffic shaping.

Re:Clever way around "blocked from imposing rules"

[PopeRatzo]

I really dislike attempts at bypassing a law or rule by leveraging a technicality.

In this case, the "technicality" being leveraged is the U.S. Constitution.

Re:Clever way around "blocked from imposing rules"

[ZipK]

which would be.... imposing a rule

They aren't imposing a rule about doing business in the state New York, they're imposing a rule about doing business with the State of New York. The FCC didn't appear to prohibit the latter.

Re:Clever way around "blocked from imposing rules"

[PopeRatzo]

You mean like Article VI Clause 2 of the Constitution? LOL.

That would make sense except for a couple of things:

1) There is no "law" to be "supreme" in this case. The FCC removed a regulation, it didn't create one. So, the supremacy clause refers to federal laws being supreme, but where there is no law or regulation, the states are free to create them. Remember this language:

"The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people."

2) States have been making their own regulations regarding abortion now since Rove v Wade, even though the "supreme" law of the land, aka a woman's right, can be superseded by a state regulation, you're going to have a hard time arguing against state regulation regarding which communications companies states choose to to business with.

Re:Clever way around "blocked from imposing rules"

[PopeRatzo]

Ah, who am I kidding? Everyone knows you won't read shit.

Speaking of reading, the EO from the governor of New York doesn't create or impose any regulation of any kind. It just states that the government of New York will not do business with any ISP that violates Net Neutrality rules.

Those businesses are still free to do business any way they see fit, but they won't be getting the business of the State of New York. There is no language of any kind in the FCC regs that state governments MUST do business with certain ISPs, and if there were, it would be unconstitutional.

The State of New York is the biggest customer of any ISP in the state of New York, so this is going to have the desired effect, without running afoul of any FCC pronouncements or decrees.

Checkmate, FCC.

Clever, and it doesn't violate the FCC's rules.

[SilverBlade2k]

This isn't a law that undoes the FCC ruling.

It basically says that if ISP's want to do business with the state and wants their contracts, Net Neutrality is one of the agreements.

ISP's have a choice if they want those contracts or not. And there's NO law anywhere saying that State governments absolutely must do business with the ISP's. No such law can exist because that would be immediately squashed in court.

Re:Clever, and it doesn't violate the FCC's rules.

[SilverBlade2k]

It actually does not.

It doesn't say that 'All ISP's MUST honor Net Neutrality" It says "Any ISP that wants a state contract must honor Net Neutrality."

The ISP's are free to choose if they want a contract with the state or not. It doesn't force them into it.

And the ISP's really can't go to the FCC or the Federal Government and say "Those people don't want to do business with us, make them!" No body can ultimately be forced into business with anyone else. Even if the ISP's try to file a lawsuit, it'll be thrown out, as a judge can't say "You must do business with this party" It's clearly against States Rights, and it opens up a massive can of worms that no one wants opened.

Re:NY Cali MA etc

[bobbied]

In my view of the US constitution... This is EXACTLY how it should work....

As I recall the 10th amendment is pretty clear about this. States need to take back their power and tell the Fed where to get off with all their locally applied regulations....

Not that I'm defending NY's decision here. I think they are being stupid... I'm just agreeing that they have the right to do this if that's what their voters want.

Cuomo is a Grandstanding Tool

[RobotRunAmok]

We endure him in New York, bust just barely. It does not matter if there can be no legal teeth to his pronouncements, everything he does is about relaying a carefully focus-grouped sound bite or photo op. His stances on various issues have routinely "evolved" as the political winds have shifted during his career. He is the poster child for everything that is wrong with American politics: descended from political royalty, with the commensurate sense of entitlement, absolutely no moral compass or POV on anything that has not been vetted by pollsters, and a clear and unabashed tie-in to the media.