The Constitution gives the federal government the ability to regulate interstate commerce, which, effectively, means almost everything. Taxing the hell out of

The Constitution gives the federal government the ability to regulate interstate commerce, which, effectively, means almost everything. Taxing the hell out of non neutral ISPs at the state level may be viable, though? IANAL... It may be a case where a successful state level action in (say) New York and California covers enough people that national ISPs won't want to build a whole second system for all the other states; this is how many California environmental protection laws become de facto national.