Washington State net neutrality bill

AN ACT Relating to protecting an open internet in Washington1state; and adding a new chapter to Title 19 RCW.2BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:3NEW SECTION. Sec. 1. (1) A person engaged in the provision of4broadband internet access service in Washington state shall publicly5disclose accurate information regarding the network management6practices, performance, and commercial terms of its broadband7internet access services sufficient for consumers to make informed8choices regarding use of such services and for content, application,9service, and device providers to develop, market, and maintain10internet offerings.11(2) A person engaged in the provision of broadband internet12access service in Washington state, insofar as such a person is so13engaged, may not:14(a) Block lawful content, applications, services, or nonharmful15devices, subject to reasonable network management;16(b) Impair or degrade lawful internet traffic on the basis of17internet content, application, or service, or use of a nonharmful18device, subject to reasonable network management;19(c) Engage in paid prioritization;20H-3275.1HOUSE BILL 2282State of Washington65th Legislature2018 Regular SessionBy Representatives Hansen, Cody, Goodman, Pettigrew, Tarleton, Fey,DeBolt, Bergquist, Springer, Santos, McBride, Smith, Chapman,Slatter, Peterson, Wylie, Fitzgibbon, Morris, Stonier, Lytton,Sawyer, Robinson, Tharinger, Kagi, Pellicciotti, Dolan, Orwall, Valdez, Haler, Kilduff, Senn, Frame, Sells, Kirby, Stanford, Blake,Reeves, Clibborn, Macri, Kloba, Appleton, Stambaugh, Jinkins, Ormsby,Ryu, Hayes, Pollet, Doglio, Ortiz-Self, Riccelli, and McDonaldPrefiled 12/13/17. Read first time 01/08/18. Referred to Committeeon Technology & Economic Development.p. 1HB 2282

(d) Unreasonably interfere with or unreasonably disadvantage: (i)1End users' ability to select, access, and use broadband internet2access service or the lawful internet content, applications,3services, or devices of their choice; or (ii) edge providers' ability4to make lawful content, applications, services, or devices available5to end users.6(3) The utilities and transportation commission may waive the7prohibition on paid prioritization in subsection (1)(c) of this8section only if the petitioner demonstrates that the practice would9provide some significant public interest benefit and would not harm10the open nature of the internet in Washington state.11(4) The definitions in this subsection apply throughout this12section unless the context clearly requires otherwise.13(a)(i) "Broadband internet access service" means a mass-market14retail service by wire or radio that provides the capability to15transmit data to and receive data from all or substantially all16internet endpoints, including any capabilities that are incidental to17and enable the operation of the communications service, but excluding18dial-up internet access service.19(ii) The term also encompasses any service that the federal20communications commission finds to be providing a functional21equivalent of the service described in (a)(i) of this subsection, or22that is used to evade the protections set forth in this section.23(b) "Edge provider" means any individual or entity that provides24any content, application, or service over the internet, and any25individual or entity that provides a device used for accessing any26content, application, or service over the internet.27(c) "End user" means any individual or entity that uses a28broadband internet access service.29(d) "Mobile broadband internet access service" means a broadband30internet service that serves end users primarily using mobile31stations.32(e) "Paid prioritization" means the management of a broadband33provider's network to directly or indirectly favor some traffic over34other traffic, including through the use of techniques such as35traffic shaping, prioritization, resource reservation, or other forms36of preferential traffic management, either:37(i) In exchange for consideration, monetary or otherwise, from a38third party; or39(ii) To benefit an affiliated entity.40p. 2HB 2282

(f) "Reasonable network management" means a practice that has a1primarily technical network management justification, but does not2include other business practices. A network management practice is3reasonable if it is primarily used for and tailored to achieving a4legitimate network management purpose, taking into account the5particular network architecture and technology of the broadband6internet access service.7NEW SECTION. Sec. 2. The legislature finds that the practices8covered by this chapter are matters vitally affecting the public9interest for the purpose of applying the consumer protection act,10chapter 19.86 RCW. A violation of this chapter is not reasonable in11relation to the development and preservation of business and is an12unfair or deceptive act in trade or commerce and an unfair method of13competition for the purpose of applying the consumer protection act,14chapter 19.86 RCW.15NEW SECTION. Sec. 3. The internet consumer access account is16created in the state treasury. All receipts from recoveries by the17office of the attorney general for lawsuits related to the consumer18protection act under the provisions of this chapter, or otherwise19designated to this account, must be deposited into the account.20Moneys in the account may be spent only after appropriation.21Expenditures from the account may be used only for costs incurred by22the office of the attorney general in the administration and23enforcement of this chapter.24NEW SECTION. Sec. 4. Sections 1 through 3 of this act25constitute a new chapter in Title 19 RCW.26--- END ---p. 3HB 2282