Christopher Witteman

In the long-running net neutrality debate, a key assumption has been that broadband and broadband Internet access service are “jurisdictionally interstate.” But are they really? And what does that mean? In practice, the interstate assumption has meant that important decisions about broadband law and policy are made almost exclusively by the federal government. The “who decides” question took on new immediacy in 2017, when the Federal Communications Commission gutted federal net neutrality rules, and then attempted to preempt the states from adopting their own.