Why Washington state isn’t scared of lawsuits over net neutrality law

Washington, the first US state to pass a network neutrality law after the repeal of federal rules, might have to get ready for a court battle. Washington's legislature and governor defied the Federal Communications Commission's claim that states cannot implement their own net neutrality rules, and they are likely to face a lawsuit from Internet service providers or their lobby groups. But the legislation's primary sponsor, State Rep Drew Hansen (D-Bainbridge Island), is confident that the state will win in court. State Rep Hansen is also a trial lawyer and has litigated preemption questions. "The FCC doesn't have preemption authority just because it says so," Hansen said. "Here is the oddity of the position that they're taking in the net neutrality repeal," Hansen said. "They're saying the Communications Act lacks any authority that would give them the ability to impose broad standards of conduct on the Internet, but grants them broad sweeping authority to preempt state consumer protection laws related to the same area. It's not clear to me how this can be the case."