When President Trump’s FCC gutted net neutrality regulations, it left a massive wound to the free and open internet nationally. A state law in Oregon signed by the governor today, is an essential Oregon-sized bandage to that federally-induced wound.

Along with our allies and thousands of ACLU supporters who wrote their Oregon legislators, we fought hard for this bill in Salem because it’s so important for Internet Service Providers (ISPs) to treat online data equally, not discriminating based on user or content. Simply put: Large corporations shouldn’t have the authority to control your access to the internet or speed, slow, or block communication and services on the internet based on who can pay more.

This critical bill was signed into law today by Governor Kate Brown, several weeks after its bipartisan passage in the state legislature. Today’s signing is a major win for those who understand that equal access to the internet is crucial to free speech and democracy.

The new law requires Oregon agencies to contract only with ISPs that provide net neutral internet access service to all of its customers. It’s a complex law dealing with an oftentimes-confusing topic, so we sat down with our policy director, Kimberly McCullough, to explain why today’s news is so huge.

What are the basics of the law and how will it help Oregonians?
KM: This new law uses the purchasing power of state and local governments to promote net neutrality in Oregon. It’s certainly not a panacea – it doesn’t solve all of the problems of the federal net neutrality rules going away – but it really pushes things in the right direction. Any internet service provider who wants to contract with the government to provide internet access, they have to promise to provide net neutral service to everyone they serve. That’s a really important point to emphasize: it has to be net neutral for everyone.

All of the ISPs that contract with state and local government will also have to disclose their network management practices, performance, and terms of service, so the public will know they are providing net neutral service. Consumers can then find out who those providers are and choose to get internet service from the ISPs that are actually providing open internet access service.

Why did the state legislature have to go through it this way instead of just making net neutrality a law for every ISP in the state?
KM: Some states have been considering very broad legislation that directly regulates ISPs and requires them to provide net neutral service across the board. In response, the telecoms are threatening to sue, claiming that broad laws will be preempted by federal law. What that means is that they claim that the federal government is the only entity that has the authority to regulate net neutrality. Are they correct about that? Ultimately, the courts are going to have to decide. But in the meantime, we decided to take a more cautious – but still incredibly meaningful approach here in Oregon and crafted and narrowly tailored approach to protecting net neutrality that avoids some of the messy questions about what the state can and cannot regulate due to federal preemption. And ultimately, if the broader approaches succeed, we could always follow suit.

Now that Governor Brown has signed it into law, what’s the next step?
KM: The Public Utility Commission (PUC) is going to write rules that provide guidance to state and local governments so that they know what to put in their contracts with internet service providers to ensure that those ISPs will provide net neutral service to all of their customers. The PUC will also provide guidance to ISPs about what they need to disclose to comply with the law’s transparency provisions.

What else should Oregonians know?
KM: They should be proud that Oregon was the second state in the country to take action on this issue by passing a law through their legislature. They acted incredibly fast to protect Oregonians right to a free and open internet. Of course, there’s still more work to do. But this was a huge step in the right direction.

Date

Monday, April 9, 2018 - 10:45am

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people holding signs that say i (heart) internet freedom and Save Net Neutrality on the capitol steps in Salem

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Authors:
Doug Brown, Communications Associate
Kimberly McCullough, Policy Director

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*** 4/16/2018 update: Unfortunately, due to a cancelled flight, our event with Michael German scheduled for this evening in Eugene has been canceled. We are working to reschedule a livestream event with Michael in the future. *** 
 
Join us in Eugene for an evening with Michael German, an expert on law enforcement and intelligence oversight and reform, as he discusses counterterrorism policing, race, and dissent.
 
This event is free and open to the public.
 
Michael German
About Michael German
Michael German is a fellow with the Brennan Center for Justice’s Liberty and National Security Program, which seeks to ensure that our government respects human rights and fundamental freedoms in conducting the fight against terrorism. His work focuses on law enforcement and intelligence oversight and reform. Prior to joining the Brennan Center, Mr. German served as the policy counsel for national security and privacy for the American Civil Liberties Union Washington Legislative Office.
 
A sixteen-year veteran of federal law enforcement, Mr. German served as a special agent with the Federal Bureau of Investigation, where he specialized in domestic terrorism and covert operations. As an undercover agent, German twice infiltrated extremist groups using constitutionally sound law enforcement techniques. These operations successfully prevented terrorist attacks by winning criminal convictions against terrorists. He also served as a counterterrorism instructor at the FBI National Academy. There, he taught courses on extremism in democratic societies and developed a graduate-level training program for state, local and international law enforcement officers.
 
Mr. German left the FBI in 2004 after reporting continuing deficiencies in FBI counterterrorism operations to Congress. He began lecturing on counterterrorism and intelligence matters and served as an adjunct professor for Law Enforcement and Terrorism at the National Defense University. He joined the ACLU Washington Legislative Office staff in 2006.  Mr. German is the author of scholarly articles including “Squaring the Error,” published by the Strategic Studies Institute of the U.S. Army War College and “Trying Enemy Combatants in Civilian Courts,” published in the George Washington Law Review. His first book, Thinking Like a Terrorist: Insights of a Former FBI Undercover Agent, was published in 2007. Mr. German currently serves on the Constitution Project's Liberty and Security Committee and is a Senior Fellow with GlobalSecurity.org. Mr. German graduated from the Northwestern University Law School, and graduated cum laude from Wake Forest University with a B.A. in Philosophy. 

Event Date

Monday, April 16, 2018 - 6:30pm to
8:00pm

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Unitarian Universalist Church in Eugene

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1685 W 13th
Eugene, OR 97402
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Monday, April 16, 2018 - 8:00pm

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