Montana Governor Steve Bullock has signed an executive order preventing the state from doing business with ISPs that violate net neutrality. It's only the latest effort by more than a dozen states to try and protect consumers after Comcast, AT&T, and Verizon successfully convinced the Trump FCC to demolish popular net neutrality protections. Numerous states from Massachusetts to California have proposed legislation that would try to protect net neutrality. Most of these laws attempt to tap dance around restrictions imposed on states by the FCC (at Comcast and Verizon lobbying request).
While numerous states are considering the idea, Montana is the first to actually do so.
"Montana's future depends on a free and open internet," Governor Bullock stated on Twitter. "Today we became the first state in the nation to actually do something to safeguard internet freedom."
According to the full order, starting on July 1 to do business in the state all ISPs must not:
• Block lawful content, applications, services, or nonharmful devices, subject to reasonable network management that is disclosed to the consumer;
• Throttle, impair or degrade lawful internet traffic on the basis of internet content, application, or service, or use of a nonharmful device, subject to reasonable network management that is disclosed to the consumer;
• Engage in paid prioritization; or unreasonably interfere with or unreasonably disadvantage:
a. End users' ability to select, access, and use broadband internet access service or the lawful internet content, applications, services, or devices of their choice; or
b. Edge providers' ability to make lawful content, applications, services, or devices available to end users.
As always, defining what entails "reasonable network management" could prove tricky, given ISPs often hide anti-competitive behavior behind the banner of network security and protection. The state will also likely be doing legal battle with the FCC, which again tried to ban states from passing their own net neutrality protections at incumbent ISP request. That said, ISPs certain to lament the fact that states are pursuing their own, often discordant solutions for net neutrality only have themselves to blame.
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