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

Mercatus Center, George Mason University


Geoffrey A. Manne

President and Founder

International Center for Law & Economics


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