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> https://www.law.cornell.edu/constitution/tenth_amendment https://www.law.cornell.edu/constitution/tenth_amendment The internet is textbook interstate commerc
by bbatha 9y ago
> https://www.law.cornell.edu/constitution/tenth_amendment https://www.law.cornell.edu/constitution/tenth_amendment
The internet is textbook interstate commerce, and therefore not subject to the 10th amendment. You're getting internet from an ISP who's likely headquartered in another state, who's delivering content from a provider in a third state, and routing that traffic through a half-dozen other states. It would be an absolute mess if every state could say what constitutes "network neutrality" and the ISPs had to deal with different laws at every routing hop.
- malchow 9y agoYou are right, but that isn't at all why I referenced 10A. I referenced it because, in the U.S., the residuary (or "police") power resides in the states. Large ISPs have tried to fight municipal broadband in the courts, but [the point I am making here] is that states and municipalities have extremely broad discretion in terms of what projects they can undertake. And building a local ISP is something they certainly can do.