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Why the first state with a net neutrality law isn’t scared of lawsuits

March 16, 2018

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Washington, the first US state to pass a net neutrality law after the repeal of federal rules, might have to get ready for a court battle.

Washington’s legislature and governor defied the Federal Communications Commission’s claim that states cannot implement their own net neutrality rules, and they are likely to face a lawsuit from Internet service providers or their lobby groups. But the legislation’s primary sponsor, State Rep. Drew Hansen (D-Bainbridge Island), is confident that the state will win in court.

Hansen is also a trial lawyer and has litigated preemption questions, he told Ars in an interview this week.

“The FCC doesn’t have preemption authority just because it says so,” Hansen said.

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