Technology

Interstate commerce is governed by the federal government.

Not exclusively. Interstate commerce implies that the feds can regulate it, not that they have exclusive power to do so. We see this with MJ laws. The fed believes it has the power to prohibit marijuana on the basis of interstate commerce, but in fact mj can be grown locally, sold locally, and consumed locally. Just like internet service can be.

Suppose you want to buy a stun gun in New York. You can find stun guns sold via mail order from another state (thus interstate commerce), but New York still managed to ban them despite the role of interstate commerce.

A close analog would be phone laws. The fed has the TCPA to protect you from telemarketers, but at the same time various states add additional legal protections for consumers w.r.t. telemarketing and those laws have force even if the caller is outside the country. (Collecting on the judgement is another matter).

Schools now require the internet for kids. ISPs being allowed to be anything more than a dumb pipe means they have the control of what information is sent across their network.

Education is specifically a duty of the state set out in the Constitution. If you can point to the statute requiring schools to provide internet for students, I believe it will be state law not federal law that you find.

The internet is now a basic human right in the United States for numerous reasons, one of which is #2.

I don’t quite follow. Are you saying that because education is a human right, that internet access is a human right? It doesn’t work that way. First of all, people who do not exercise their right to an education would not derive any rights implied by education. As for the students, if a state requires internet in education that does not mean that internet access becomes a human right. E.g. an Amish family might lawfully opt to homeschool their child, without internet. That would satisfy the right to education enshrined in the Unified Declaration of Human Rights (UDHR) just fine. A student attending public school in a state that mandates internet in schools would merely have the incidental privilege of internet access, not an expanded human right that students in other states and countries do not have under the same human rights convocation. If your claim were true, it would mean that California (for example) requiring internet provisions for students would then mean students in Haiti (a country that also signed the UDHR that entitles people to a right to education) or Texas would gain a right to internet access via the state of California’s internal law. A state cannot amend the UDHR willy nilly like that.

Also, if internet could be construed as a human right by some mechanism that’s escaping me, the fed is not exclusively bound by human rights law. The fed signed the treaty, but all governments therein (state and local) are also bound to uphold human rights. Even private companies are bound to human rights law in the wording of the text, though expectation of enforcement gets shaky.

ISPs cross state boundaries and should be governed by interstate law.

I subscribed to internet service from a WISP at one point. A dude in my neighborhood rolled out his own ISP service. His market did not even exceed the city.

The local ISPs have ISPs themselves and as you climb the supply chain eventually you get into the internet backbone which would be interstate, but that’s not where the netneutrality problem manifests. The netneutrality problem is at the bottom of the supply chain in the last mile of cable where the end user meets their local ISP.

Also with MJ laws, several states have liberated the use of marijuana despite the feds using the interstate commerce act to ban it.

An ISP being a business, especially a publicly-traded one, will sacrifice all manner of consumer/user-protection in order to maximize profit. And having the states govern against that will lead to a smattering of laws where it becomes muddy on what can actually be enforced, and where.

Sure, and if the fed is relaxed because the telecoms feed the warchests of the POTUS and Congress, you have a nationwide shit-show. A progressive state can fix that by imposing netneutrality requirements. Just like many states introduce extra anti-telemarketing laws that give consumers protection above and beyond the TCPA.

And having the states govern against that will lead to a smattering of laws where it becomes muddy on what can actually be enforced, and where.

That’s a problem for the ISPs that benefits consumers. If ISPs operating in different states then have to adjust their framework for one state that mandates netneutrality, the cost of maintaining different frameworks in different states becomes a diminishing return. US consumers often benefit from EU law in this way. The EU forced PC makers to make disassembly fast and trivial, so harmful components could quickly and cheaply be removed before trashing obsolete hardware. The US did not impose this. Dell was disturbed because they had to make pro-environment adjustments as a condition to access to the EU market. They calculated that it would be more costly to sell two different versions, so the PCs they made for both the EU market and the US market become more eco-friendly. Thanks to the EU muddying the waters.

The right to repair will have the same consequences.