If any economic activity meets the definition of interstate commerce, it’s the internet

[Commentary] In recent years, a number of states have endeavored to get into the internet policy game. As the internet diffuses across the economy, the urge to act at the state level will likely strengthen. We saw this recently when California legislators proposed their own internet privacy law after Congress struck down a 2015 internet privacy regulation using the Congressional Review Act, and the Federal Communications Commission (FCC) issued its Restoring Internet Freedom proposal.

But to the extent that Congress, the FCC, and the FTC have the authority to protect the free flow of internet activity against state-based obstacles and fragmentation, they should do so. In its coming order, the FCC should reaffirm the interstate nature of these services.

[Bret Swanson is concurrently president of Entropy Economics LLC]