TechFreedom Releases First Comprehensive Analysis of Federalism Obstacles to State Net Neutrality Regulations

TechFreedom published a comprehensive analysis of why state laws and executive orders attempting to replicate, or expand upon, the Federal Communications Commission’s 2015 network neutrality rules will likely fail in court. Five key findings:

1. Restoring broadband to a Title I classification is a valid exercise of the Commission’s authority, not a surrender of that authority.
2. Because the RIFO will succeed in court, the FCC has expressly preempted state regulation.
3. None of the exceptions to federal preemption apply to the state actions.
4. State regulation would violate the Dormant Commerce Clause.
5. States can protect Internet users by enforcing laws of general applicability.