Tech giants' net neutrality legal challenge

Senate bill to block net neutrality repeal now has 40 cosponsors

Passage of a CRA would "repeal Pai's repeal", explains Dana Floberg of Free Press, which would leave the web "right back where [it] started-with strong net neutrality rules".

Senate Democrats who are trying to force a vote on reinstating net neutrality rules have hit a key milestone. The bill says that "No internet service provide engaged int he provision of fixed or mobile broadband Internet access service shall impair or degrade lawful Internet traffic on the basis of content, application, or service or use of a non harmful device, subject to reasonable network management".

A few weeks the FCC announced that they will move the internet from a Title II to a Title I service.

Though Democrats now have enough support to force the resolution to a vote in the Senate, they have much steeper barriers to getting it adopted. According to the act, only a simple majority of 50 votes is required to get past the Senate.

That said, there are several examples of cases where federal USA courts have ruled the FCC does not have the power to meddle in state affairs, though these are cases which only effect that state itself.

"Your proposal threatens to eliminate the FCC's oversight role that has been in place for decades under both Democratic and Republican presidents", said Senator of Colorado, Michael Bennet.

In a statement following McCaskill's announcement, Matt Wood, policy director of the Free Press Action Fund, urged Senate holdouts to listen closely to the Americans who have "logged more than a million calls to Congress to reject FCC Chairman Ajit Pai's decision to kill net neutrality".

Hopefully, the Internet Association and others fighting to restore net neutrality be victorious, or ISPs could soon be deciding which websites you can access. None of them are Republicans. In the meantime, net neutrality supporters are also pursuing litigation and state laws.

State legislators in Washington and California have said that they'd introduce local regulations that would introduce some net neutrality protections, but the FCC's latest set of rules includes a ban on local legislation that's stricter than their own, which means those bills could face legal challenges if they happen to pass.

The Nebraska Telecommunications Association, which said it would study Morfeld's bill before taking a position on it, circulated a white paper among its 30 member companies past year describing the 2015 rules as trying "to fit a square peg in a round hole".

The opposition to the FCC repeal is mobilizing in a big way.

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