Gov Cuomo Proposes Net Neutrality Law

Governor Andrew M. Cuomo (D-NY) proposed advancing statewide net neutrality protections. As part of this proposal, the Governor will introduce legislation to prevent the blocking, throttling and paid prioritization of online content — practices that undermine a free and open internet. The legislation will also prohibit so-called "zero-rating" practices, which penalize consumers for accessing content or applications that are not preferred by their internet provider. The legislation will also codify into law Governor Cuomo's 2018 Executive Order mandating that state government entities may not enter into contracts with internet service providers unless they follow net neutrality principles. The proposed legislation will empower the State Department of Public Service to hold mobile and fixed internet providers accountable to these nation-leading consumer protections and ensure transparency in this industry. The bill will require internet service providers to disclose their network management practices to the public. Service providers will also be required to annually certify their compliance with New York's net neutrality rules. The Department of Public Service will be empowered to investigate and fine providers who violate these provisions. End users of these services would be authorized to hold companies to account through the judicial system as well, as the legislation would allow for a private right of action against any company violating net neutrality provisions.