"The FCC's decision to repeal the open-internet rules was a disaster, and we plan to re-file against the agency in coming days so we can make that case in court", Tim Karr, spokesman for pro-net neutrality group Free Press, told Bloomberg Law. For more information on the document we've discussed briefly above, have a peek at the Federal Register right this minute.
More than half of the states have introduced legislation preventing ISPs from blocking and prioritizing content. It would also likely harm smaller publishers and startups that can't afford to pay fast-lane fees.
There is also the fact that people living in states which have chosen not to create any net neutrality laws would still face the consequences of the FCC's ruling.
However there are historical examples of bad behavior and worldwide analogies that suggest the FCC's critics are far from hysterical.
Congress has the power to reverse the FCC decision. The Senate CRA has 50 supporters - it would need another vote to pass - while the House version has 143 co-sponsors, so it still needs more Democrats and about two dozen Republicans.
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The multi-state lawsuit is led by New York Attorney General Eric Schneiderman, and a petition was filed the same day the FCC published their order. However, the chances of preserving net neutrality via the Congressional Review Act seem slim.
The rule was also unlawful because it includes "sweeping preemption of state and local laws", he said. Congress has exclusive authority to regulate interstate commerce, which is the basis of the FCC's legal argument.
Though Oregon's proposal for its own net neutrality laws is a reassurance to those living in the state, it still leaves room for possible issues to arise, as there would still be no federal law for net neutrality. Effective date for this order's enforcement is April 23rd, 2018. The White House Office of Management and Budget still must sign off on aspects of the reversal before it takes effect.
Whether the states can be legally successful with their challenges remains to be seen, says Brent Skorup, a senior research fellow at the Mercatus Center at George Mason University. He writes a personal blog, Screenwerk, about connecting the dots between digital media and real-world consumer behavior.
Greg Sterling is a Contributing Editor at Search Engine Land.