Katherine Grainger

Volume 71, Issue 2, 475-500

In 2018, the Federal Communications Commission ended federal net neutrality protections in its Restoring Internet Freedom Order. In response, many states introduced legislation to create their own state-level protections. States believe these protections are necessary, given the anticompetitive nature of broadband internet and the resulting lack of choice that consumers face today in the broadband internet market. However, state regulations are the wrong response to the issue, as these regulations are likely to be federally preempted. Additionally, state regulations are logistically difficult to enforce across different states, given the interstate character of modern broadband internet. Instead, this Note proposes several alternative actions on federal, state, and local levels, to ensure a more stable long-term net neutrality framework in the United States.