Earlier quoted context omitted.
Except for the fact that the facts are different. When you sign up with an ISP, you’re signing up for a guaranteed service at a physical location with defined jurisdictional borders and laws governing it. My ISP throttling their New York customers who try to use Netflix isn’t going to affect me. Honestly throttling their Oregon customers wouldn’t either. This is factually different from Facebook who serves people ind…
> When you sign up with an ISP, you’re signing up for a guaranteed service at a physical location with defined jurisdictional borders It's messier than that. This works if all NY, OR, gets its traffic distributed through a guaranteed hub in those locations. Specifically when you know the end point of the user. Let's just take the simple case and say a Google employee sitting in a CA office is working with a Microsoft…
Choosing to then sell you an additional premium option where you get the full 1 Gbps you theoretically could get but don’t already pay for, but they’ll give it to you for a selection of curated services including their own is possible, and to incentivize you to not use a VPN, they won’t count it against your data cap when you access Netflix at 4K on 4 screens simultaneously because you’re now a VIP customer—all of that would violate the spirit of net neutrality. T-Mobile already does similar things as a “bonus” for their customers and technically, it’s not net neutral. There’s all kinds of ways to discriminate between paying customers, and that was the original fear of not having net neutrality: that the internet would become just like cable TV. That hasn’t happened with or without net neutrality as law (or as an FCC rule at least). Pretty much most markets have explicit data caps on some ISPs at least now, but the way it started was ISPs rolled that out slowly, over the course of years, market by market.
You are correct that other States could pass similar laws. I don’t follow the politics of other States much, but if California can do it, so can they, but other States can’t rely solely on the fact that California did a thing and now they don’t have to bother taking any legislative action themselves, if it’s important anyway (and I’m not convinced this particular issue counts as important). California even won in Federal court, great! There’s precedent for it now, but that doesn’t mean ISPs would necessarily lose in a different circuit, and they could always force a circuit split in a friendlier district.