[RichKatz]

This discussion of federalism, while interesting, probably ought to be accompanied by a discussion of A) what many people believe are the horrible effects of this and B) in the words of Paul Simon to "measure what we've lost." What we have lost is THE public Internet. The Internet on which companies who started from Y-combinators exist was a public Internet. It could be argued that it still is. There are at least 2 or 3 good arguments first the federal executive branch can't actually "destroy" the public Internet as a matter of policy, but that it ought to require an act of Congress. ARPANet came from an Act of Congress itself.

Which may mean that all these acts to "give it away" to ISPs can be legally challenged.

From the states point of view, ISPs operate on several public easements. These probably give state and local governments the authority to regulate.