#290: The Net Neutrality Feud Heads West

Tech Policy Podcast

TechFreedom

Technology

4.8 • 45 Ratings

🗓️ 22 April 2021

⏱️ 33 minutes

🔗️ Recording | iTunes | RSS

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Summary

“America is built on a tilt,” runs the apocryphal Mark Twain quote, “and everything loose slides to California.” So it might be said of net neutrality. The court fight over California’s new net neutrality law is only the latest episode in a long-running battle. TechFreedom’s James Dunstan and Corbin Barthold discuss what got us here (net neutrality ping pong at the FCC), where we are (a state trying to regulate an inherently interstate network), and where we need to go (a federal law that finally puts the debate to rest). For more, see TechFreedom’s amicus brief in the California net neutrality case. (And if you’re wondering where Corbin got the concept of “kludgeocracy,” check out political scientist Steven Teles’s 2013 article, Kludgeocracy in America.)

Transcript

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0:00.0	You are listening to the tech policy podcast.
0:10.0	Welcome along.
0:12.0	With a new Democrat-controlled FCC on the horizon,
0:16.0	it seems like only a matter of time before everyone starts fighting about net neutrality again.
0:21.8	Lucky us.
0:23.6	These days, however, the net neutrality debate is happening at the state level as well.
0:28.7	In 2018, shortly after the Federal Communications Commission repealed the short-lived net neutrality
0:35.0	rules that existed at the federal level.
0:37.7	California responded by passing a net neutrality law of its own.
0:42.3	Proceeding through their trade groups, various broadband providers challenged the California law in court.
0:48.6	Earlier this year, a federal trial court rejected their argument that the California law is preempted by federal law
0:55.2	and the FCC's 2018 order.
0:58.4	The case is now in the US Court of Appeals
1:00.7	for the Ninth Circuit.
1:02.6	Tech Freedom has filed a brief in that appeal.
1:05.3	I, your humble host, Corbyn Barthold,
1:07.9	Internet Policy Council at Tech Freedom,
1:09.9	have put my name on that brief.
1:12.1	So is James Dunstan, Tech Freedom's General Counsel, who joins me today to discuss the past,
1:18.1	present, and future of net neutrality. Jim, welcome back to the show.
1:23.5	Thanks, Garvin. And welcome to the closest thing to World War I trench warfare, which is net neutrality.
1:30.3	Yes, I've finally been sucked into it. I avoided it for so long, and yet here I am.
	...

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