Deep Dive Episode 34 – Net Neutrality and Federalism

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Despite the Federal Communication Commission’s decision in December 2017 to eliminate the common carrier regulations for Internet services — the so-called net neutrality rules the FCC created in 2015 — the net neutrality debate rages on. The Trump FCC preempted states’ authority to regulate the Internet, yet governors in six states have attempted to enforce net neutrality principles via executive order and three states have passed “baby net neutrality bills.” Several more state bills are pending. Can state agencies regulate Internet services? What are the legal and practical impediments? What are the consequences of businesses operating under inconsistent regulations amongst the states and at the federal level? Gus Hurwitz, Brent Skorup, and Geoffrey Manne will discuss this new front in regulation, federalism, and grassroots activism.

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Justin “Gus” Hurwitz
Assistant Professor of Law and Co-Director of Space, Cyber, and Telecom Law Program, University of Nebraska College of Law

Brent Skorup
Senior Research Fellow, Technology Policy Program, Mercatus Center at George Mason University


Geoffrey A. Manne
Executive Director, International Center for Law & Economics

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