When the Trump Federal Communications Commission (FCC) voided the net neutrality rules of the previous administration, the states stepped in. Today, 36 states have proposed to fill that void with action ranging from legislation to executive orders. In response, the network companies and their allies in Congress have rolled out federal legislation to preempt the states with watered down federal policy controversially described as “net neutrality.”
Shortly after the start of the Trump Administration, when the Republican-controlled Congress bowed to the requests of the digital companies and repealed the FCC’s network privacy rules and the Federal Trade Commission (FTC) dithered over the platform companies’ abuse of consumer privacy, it triggered states to step in with their own legislation. The response of the digital companies was once again to run to Congress for preemptive legislation, but to oppose protections in that legislation.
The FCC says it can preempt state net neutrality laws because broadband is an interstate service (in that Internet transmissions cross state lines) and because state net neutrality rules would subvert the federal policy of non-regulation.
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