It isn't difficult to determine whether provision of the internet qualifies as interstate commerce. The internet isn't bound by any state or local boundaries, and it's a truly global medium of communication. As such, only Congress has authority to regulate it under the Constitution's Commerce Clause. Even so, California Governor Jerry Brown just declared war on the Constitution by signing into law the strongest net neutrality bill (SB 822) in the country — a move that ought to worry everyone. The Department of Justice has already filed suit against the Golden State, arguing that only federal government can regulate the internet.
SB 822 draws inspiration from the “Open Internet Order,” a 2015 mandate passed by the Obama-era Federal Communications Commission (FCC) which classified the internet as a “common carrier” under Title II of the Telecommunications Act of 1934. That sweeping act was designed to regulate the telephone monopoly — not an internet that didn't yet exist. Nevertheless, the FCC used this broad grant of authority to ban blocking, throttling, and paid prioritization of content via the Open Internet Order.
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