Net Neutrality Now State vs Federal, but Will it Last?

Washington State has passed a law enforcing net neutrality. It could prompt a legal battle over state versus federal rulemaking power.

The state law, which takes effect in June, is based on the net neutrality principle that all Internet data (except for illegal content) should be treated equally. The new law bans three specific behaviors by Internet providers who offer service in Washington state, namely: blocking users from accessing any legal service, content or application; slowing down transfer speeds for specific types of content; and giving favorable treatment to particular data in return for payment.

The state law will take effect just a few weeks after a change in the national policy followed by the Federal Communications Commission (FCC), which decided in December to ditch rules forcing Internet providers to follow net neutrality. Under the new policy, Internet providers can favor or penalize specific data as long as they publicly say they will do so.

Wider Political Battles

The debate over net neutrality is caught up in two wider political battles. One is whether net neutrality is needed to allow the Internet to reach its full potential and give smaller sites a fair chance of competing. For example: should net neutrality be left to the market, with Internet customers deciding whether or not they want to use providers who follow the principle?

The other is who has the power to make such rules. The FCC vote in December also changed the legal status of broadband provision, effectively meaning future commissioners would have a harder time reinstating rules.

States Take Differing Approaches

Washington State's new laws will provoke a further legal battle. The FCC vote specifically barred states from passing laws that contradicted the national policy. That means there's a good shot Internet providers will challenge the state law. (Source: theverge.com)

Washington is the first state to pass a law that affects all Internet providers who serve customers in the state. Several other states have or are in the process of bringing in rules that mean government agencies can only use Internet providers who follow net neutrality. (Source: bbc.co.uk.)

What's Your Opinion?

Should net neutrality be enforced at all? If so, is it better to be covered by government agency rules or through legislation by Congress? Should the matter be decided nationally or on a state-by-state basis?