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Now that the FCC has repealed net neutrality, let’s adopt it in California

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Re: Now that the FCC has repealed net neutrality, let’s adopt it in California

#11

Post by rosser »

UncleEntity wrote: post #5

Haven't read TFA but I'm going to say the internet most definitely falls under 'interstate commerce' so California isn't able to regulate it.

California is most definitely within its rights to regulate businesses operating within the state. If an ISP wants to sell its service to CA residents, it can abide by CA laws.

Re: Now that the FCC has repealed net neutrality, let’s adopt it in California

#12

Post by Posibyte »

UncleEntity wrote: post #5

Haven't read TFA but I'm going to say the internet most definitely falls under 'interstate commerce' so California isn't able to regulate it.

Can you elaborate on how this would fall under interstate commerce? As I see it, they'd be regulating how they treat in-state customers and their connections, not anything coming across the state-lines. i.e. They aren't saying Comcast isn't allowed to do things to a line for a customer in Utah.

Re: Now that the FCC has repealed net neutrality, let’s adopt it in California

#17

Post by curt15 »

dsr_ wrote: post #15

https://arstechnica.com/tech-policy/2017/11/fcc-will-also-or... (tl;dr: fcc-will-also-order-states-to-scrap-plans-for-their-own-net-neutrality-laws/ )

Given that the FCC only recently lost a court case about its authority to preempt state laws banning muni broadband, how would this situation be any different?

Re: Now that the FCC has repealed net neutrality, let’s adopt it in California

#18

Post by UncleEntity »

Posibyte wrote: post #12
UncleEntity wrote: post #5

Haven't read TFA but I'm going to say the internet most definitely falls under 'interstate commerce' so California isn't able to regulate it.

Can you elaborate on how this would fall under interstate commerce? As I see it, they'd be regulating how they treat in-state customers and their connections, not anything coming across the state-lines. i.e. They aren't saying Comcast isn't allowed to do things to a line for a customer in Utah.

Sure, if the server and customer are both in Ca but if the server is elsewhere and they do their traffic shaping outside of state lines there isn't much that can be done.

I never paid much attention to what they got up to before the feds stepped in but I kind of doubt it was a last mile problem, once the packet got that far why mess with it?

But, knowing California, they'll do one of those "...and any packet destined for a customer in California."

Re: Now that the FCC has repealed net neutrality, let’s adopt it in California

#19

Post by cabaalis »

dsr_ wrote: post #15

https://arstechnica.com/tech-policy/2017/11/fcc-will-also-or... (tl;dr: fcc-will-also-order-states-to-scrap-plans-for-their-own-net-neutrality-laws/ )

Funny, I was listening to oral arguments on the Supreme Court last night on the way home from work. I'm not a lawyer, but my layman interpretation of what they were arguing (specifically in reference to sports betting) is that if the federal government chooses not to regulate something, they cannot also preempt state regulations.

I reserve to right to have completely misunderstood the legalese that I was hearing :)

Re: Now that the FCC has repealed net neutrality, let’s adopt it in California

#20

Post by fleitz »

gruez wrote: post #4
sova wrote: post #2

Ever heard of the Supremacy Clause?

IANAL, but near the end he says he'll be including it as a condition to certain things that the state has control over. maybe that's how they get around that issue?

Exactly, they won't regulate the internet but if you don't offer net neutrality you can't get a business license, construction permits, etc. Whether this is good or bad is another matter but that's how they'll do it.
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