Testimony, Senate Bill No. 5, An Act Concerning Internet Service Providers and Net Neutrality Principles

Abstract

In this written testimony submitted to the Connecticut Senate Energy and Technology Committee, Professor Lyons makes two arguments regarding Senate Bill No. 5. First, it is unlikely that Connecticut has authority to enact the bill’s net neutrality provisions, as the bill conflicts with the Federal Communications Commission’s carefully balanced regulatory approach and is probably preempted under the Supremacy Clause. Second, even if Connecticut could enact SB5, there are good arguments about why net neutrality and ISP-specific privacy rules are bad policy.