Wednesday, October 03, 2018

Net Neutrality

by Michael C. Dorf

I'll be back in a couple of hours (or less) with another Kavanaugh-related post, but for your morning read, check out my new Verdict column. It provides a brief primer on net neutrality, summarizes the DOJ's argument for pre-emption of California's new net neutrality law, outlines three lines of potential response by California, and offers some broader thoughts on how the conservative attack on the administrative state could be good for progressive regulation in the long run. To be clear, my observations about the potential upside of the attack on the administrative state is an effort to make lemonade out of lemons, not my first-order preference.

1 comment:

Unknown said...

Agency rulemaking is listed on the federal registry, becoming the code of Federal Regulations. These codes are then not only law but appealable and can be taken to court and overturned. To say that agencies are not accountable to Congress is incorrect.

I would also state that violation of net neutrality violates interstate commerce by interfering with commerce not only across state lines but world wide, first amendment, and other Constitutional provisions, as well as monopoly issues as you briefly mentioned.

I pay for 4G connection. I pay to view whatever content I choose at the highest speed. This is allowing consumer fraud. Silkie