We still use the internet under net neutrality regulations (aka Obamanet), despite its repeal by the Trump administration in 2017 and an unsuccessful attempt to reimpose them on the federal level by the Biden administration.
The issue persists because regulations equivalent to net neutrality were enacted as state laws by nearly all Democrat-controlled states, effectively imposing it as a nationwide mandate. For example, California passed a harsh net neutrality law, SB-822, in 2018 while the FCC repeal of Obamanet was still enjoined and litigated. This California legislation was challenged by industry groups in 2018, who were joined by the Department of Justice in 2020. This was a half-hearted effort. The plaintiffs brought only claims and arguments based on federal preemption. The court did not grant an injunction, and the litigation continued into the Biden administration, when plaintiffs dropped their case.
Plaintiffs elected not to bring constitutional claims, despite net neutrality laws and regulations breaching at least the First, Fourth, and Fifth Amendments, and the famous Section 230. The industry groups were likely intimidated, and the DOJ was in shambles.
Contrary to the massive propaganda, net neutrality regulations and laws do not regulate broadband internet service providers. These laws regulate how citizens access and use the internet from their homes. It is achieved by defining all the ways customers want to obtain content and services over the internet as “broadband internet access,” then prohibiting all services that allow customers to exercise their First and Fourth Amendment rights. The target of the regulations is the citizenry, not industry.
Hellbound and Down 