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22 States Ask US Appeals Court To Reinstate Net Neutrality Rules (reuters.com)
An anonymous reader quotes a report from Reuters: A group of 22 state attorneys general and the District of Columbia late Monday asked a U.S. appeals court to reinstate the Obama administration's 2015 landmark net neutrality rules and reject the Trump administration's efforts to preempt states from imposing their own rules guaranteeing an open internet. The states argue the FCC reversal will harm consumers. The states also suggested the FCC failed to identify any "valid authority" for preempting state and local laws that would protect net neutrality. The FCC failed to offer a "meaningful defense of its decision to uncritically accept industry promises that are untethered to any enforcement mechanism," the states said.
The state attorney generals suing represent states with 165 million people -- more than half the United States population -- and include California, Illinois, New Jersey, North Carolina, Pennsylvania and Virginia. The states argue the FCC action could harm public safety, citing electrical grids as an example. They argue "the absence of open internet rules jeopardizes the ability to reduce load in times of extreme energy grid stress. Consequently, the order threatens the reliability of the electric grid." Several internet companies also filed a legal challenge to overturn the FCC ruling, including Mozilla, Vimeo, Etsy, and numerous media and technology advocacy groups, reports Reuters. The group of 22 state attorneys general first filed their lawsuit in January after the Trump administration voted to repeal the net neutrality rules in December.
The state attorney generals suing represent states with 165 million people -- more than half the United States population -- and include California, Illinois, New Jersey, North Carolina, Pennsylvania and Virginia. The states argue the FCC action could harm public safety, citing electrical grids as an example. They argue "the absence of open internet rules jeopardizes the ability to reduce load in times of extreme energy grid stress. Consequently, the order threatens the reliability of the electric grid." Several internet companies also filed a legal challenge to overturn the FCC ruling, including Mozilla, Vimeo, Etsy, and numerous media and technology advocacy groups, reports Reuters. The group of 22 state attorneys general first filed their lawsuit in January after the Trump administration voted to repeal the net neutrality rules in December.
Of the 22 states, how many of them actively prevent third party ISPs from entering their state? The reason we have no choice is most states are suing anyone who tries to enter their market. They use talking points straight from the telco lobby.
"A person is smart. People are dumb, panicky dangerous animals and you know it." - K
This really comes down to the Supremacy clause of the US Constitution...and when it boils down to that - the States loose the argument.
Here is the simple logic.
FCC was created by Congress as an independent agency which Congress has invested with the full authority of the Federal Government to manage all things Telecom. This makes sense when you consider radio propagation as the first reason for the FCC to exist, i.e. radio waves don't respect State boundaries. In a similar sense - long distance phone connections cross state boundaries - so any one state can't regulate this - it is Federally preempted. Finally - comes along the Internet - something invented by a US Government Agency as a side note. This entity crosses not just State borders but International borders... again the Federal Government is the only entity that has jurisdiction extra-territorially by the way the Constitution sets things up.
So - what have we learned... there is an already existent Federal preemption of Telecommunications, FCC wields this power, and FCC has full jurisdiction to make such rulings.
The only way you overturn something like this is if the FCC didn't Federal or its' own procedures in creating the regulation... it is even a question in my mind whether States have standing to challenge this!
All of the above is what I've learned from Groklaw ;-) IMNAL!
Have you compiled your kernel today??
Story that shows US internet speeds went from 12th to 6th fastest since NN repealed.
So, it appears internet traffic in the US has increased significantly, a horrible thing to happen since it undercuts all the NN supporter claims. Let the NN anti-science anti-fact people rage away at another Trump success.