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[1997.16 --> 1999.46] So, you don't need to be a lawyer to understand that. |
[1999.56 --> 2003.54] But there's also cases where it's a little bit more subtle, this being one of them. |
[2003.54 --> 2015.98] So, what happened when the FCC repealed the net neutrality protections a few months back, they specifically said we need to return to light touch regulation of the internet. |
[2016.14 --> 2017.54] This is exactly what we're doing. |
[2017.54 --> 2025.40] So, is it really actually preempting anything if in lines of just going to reach over the desk here and steal some more sriracha bacon jerky? |
[2025.50 --> 2026.00] I don't blame them. |
[2026.16 --> 2026.80] That stuff is delicious. |
[2027.12 --> 2027.52] But... |
[2027.52 --> 2028.88] It's good. |
[2029.02 --> 2029.16] Yeah. |
[2029.16 --> 2030.16] Okay. |
[2030.16 --> 2030.52] Anyway. |
[2030.52 --> 2034.40] So, what was I talking about? |
[2034.52 --> 2035.18] Federal preemption. |
[2035.30 --> 2037.08] It was distracting me with this little like bacon grab. |
[2037.60 --> 2037.74] Okay. |
[2037.86 --> 2038.66] So, we just... |
[2038.66 --> 2038.82] Right. |
[2038.82 --> 2039.26] Okay. |
[2039.38 --> 2040.98] So, they're trying to... |
[2040.98 --> 2046.26] The FCC is saying they're trying to regulate the internet less, give the ISPs a little more leeway. |
[2046.46 --> 2046.60] Yeah. |
[2046.60 --> 2049.90] But the question here then becomes, is there... |
[2049.90 --> 2052.60] Does that mean the federal government is intending to... |
[2053.26 --> 2055.18] In law, they call it occupying the field. |
[2055.40 --> 2061.86] Does the federal government intend to regulate this area so heavily that the states can't do anything about it? |
[2062.08 --> 2067.72] But in their own order, they said, we're trying to regulate this less heavily and scrap these net neutrality regulations. |
[2068.36 --> 2068.50] Right. |
[2068.50 --> 2071.26] That would be a very interesting like battle in court. |
[2071.44 --> 2071.66] Yeah. |
[2071.66 --> 2071.90] Okay. |
[2072.20 --> 2072.38] Yeah. |
[2072.38 --> 2080.34] So, they're saying like we don't want to regulate this as much, but they're aggressively not regulating and trying to make sure that no one else can either? |
[2080.66 --> 2090.36] Well, I don't know if they're consciously trying to do that, but what I'm saying is like when a big like ISP takes the state of California to court and says they can't do this, |
[2090.70 --> 2094.86] they might try to argue that the federal government has tried to occupy the field somehow. |
[2094.98 --> 2097.42] It might not be a great argument, but I expect them to try it. |
[2097.42 --> 2106.94] The other thing they might argue is, which they might be more successful with, is saying the bill unduly burdens interstate commerce, which is a constitutional argument. |
[2107.36 --> 2108.34] But basically... |
[2108.34 --> 2109.52] The states are so weird. |
[2109.58 --> 2110.10] I know, right? |
[2110.10 --> 2119.26] But the idea is that one state can't meddle in the affairs of how other states want to conduct commerce between them. |
[2119.58 --> 2119.74] Okay. |
[2120.46 --> 2124.66] So, like if you're importing, like let's use a simpler example. |
[2124.74 --> 2126.58] Let's say you're importing a bunch of bacon jerky. |
[2126.72 --> 2129.48] Let's say the state of North Carolina is importing a bunch of bacon jerky. |
[2130.16 --> 2132.14] Like from another state or from another country? |
[2132.14 --> 2132.96] Let's say from another state. |
[2133.18 --> 2133.40] Okay. |
[2133.40 --> 2139.96] So, actually that would make sense because I think savage jerky is based out of Georgia, so it will be a quick trip. |
[2140.84 --> 2146.44] But anyway, so let's say they're importing a bunch of bacon jerky and they have regulations on bacon jerky. |
[2146.60 --> 2147.16] Was that bacon jerky? |
[2147.58 --> 2148.88] Bacon jerky, bacon jerky, bacon jerky. |
[2149.42 --> 2150.74] It's like that of someone Linus. |
[2150.88 --> 2155.22] So anyway, so let's say there's regulations that the state of NC has on bacon jerky. |
[2155.22 --> 2160.90] Let's say they can't have but so many preservatives, they have to be at least 95% beef or whatever else, right? |
[2160.94 --> 2163.50] This is just a random made-up example. |
[2163.54 --> 2164.30] Yes, it's hypothetical. |
[2164.56 --> 2165.26] This is not actually real. |
[2165.28 --> 2166.72] You probably shouldn't have very much beef in it. |
[2168.92 --> 2169.58] It's Friday. |
[2169.70 --> 2170.30] It's been a long week. |
[2170.42 --> 2170.64] I'm sorry. |
[2171.04 --> 2171.46] Okay, anyway. |
[2171.66 --> 2172.80] That would be a good thing to regulate then. |
[2172.98 --> 2183.40] So, let's say they have one set of regulations for bacon jerky produced in-state and another set for bacon jerky they're importing from Georgia. |
[2183.40 --> 2185.84] So that would be against the Constitution. |
[2186.04 --> 2186.62] You can't do that. |
[2186.72 --> 2188.94] But if the same rules apply to everybody, it will be okay. |
[2189.38 --> 2198.72] This is a little bit more complicated because I could see AT&T, Verizon, Comcast, whoever else walking into court and saying that even though the law – because I actually read the law a little bit. |
[2198.92 --> 2203.74] And it applies to any ISP that has customers in California, which makes sense. |
[2203.90 --> 2207.40] But they could argue something about, oh, the Internet is so decentralized. |
[2207.94 --> 2213.14] And because of that, this isn't like just importing a product or whatever, and this is placing an undue burden on interstate commerce. |
[2213.14 --> 2217.08] Whether that would win, I have no idea, but I do expect a lengthy court battle. |
[2219.82 --> 2220.22] Okay. |
[2220.36 --> 2221.12] So there you have it. |
[2221.20 --> 2222.80] The Internet is not like bacon jerky. |
[2224.30 --> 2225.92] Well, thank you, John, for that insight. |
[2225.92 --> 2227.66] And this has been the Legal Corner with John, I guess. |
[2227.88 --> 2228.44] Have a good weekend. |
[2228.92 --> 2229.46] Thanks, John. |
[2229.54 --> 2229.70] Yep. |
[2231.06 --> 2232.26] Man, the states are weird. |
[2232.42 --> 2232.64] Yeah. |
[2233.20 --> 2233.54] I know. |
[2233.60 --> 2234.02] It's trippy. |
[2234.30 --> 2236.68] I'll never fully understand how all that kind of stuff works. |
[2236.68 --> 2242.26] 52, or like maybe but not 52, because there are also like territories or something. |
[2242.52 --> 2242.94] And then – |
[2242.94 --> 2243.46] 50 states ones. |
[2243.64 --> 2246.38] 50 states, but then like what is the – |
[2246.38 --> 2247.08] What are the ones that aren't – |
[2247.08 --> 2248.38] Yeah, what are the ones that aren't states? |
[2248.46 --> 2248.94] Because there's – |
[2248.94 --> 2249.54] Guam, Puerto Rico. |
[2249.62 --> 2250.76] Yeah, Guam, Puerto Rico. |
[2250.96 --> 2252.28] What are those like called? |
[2252.40 --> 2257.12] And they're all kind of like little countries, except that they're one country, sort of. |
[2257.12 --> 2264.38] Except when they like want to do things that the ones running the one country don't like, |
[2264.56 --> 2267.32] then – or that they don't like, and then I don't know. |
[2267.36 --> 2270.78] Then they can like actually fight about that, whereas in most other countries it's just like, |
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