IIASA: Internet Infrastructure Access Safeguard Act (proposal)
Early Draft,
This is not introduced in the congress, just a draft to be submitted to my representatives when complete
gab.com/exaeta

Preamble

The purpose of this act is to safeguard the fundamental right to access and use the internet. This act does not and is not intended to require platforms, such as Facebook, or Twitter, to host content which they disagree with. However, the act safeguards the fundamental rights to access the internet and communicate, by prohibiting discrimination by Internet Service Providers, Infrastructure as a Service Providers (IaaS Providers) and Domain Name Registrars. This Act recognizes the central position the Internet serves in the modern world, and that disconnecting an individual or entity from the Internet is an extreme action that should be subject to strict judicial review rather than done at the whim of corporate executives.

§ 1 Definitions


§ 2 Internet Service Providers

(a.) No Internet Service Provider may disconnect or refuse service to any person or organization except upon grounds mentioned in (l.) or upon injunction by a Federal U.S. Court. No Internet Service Provider may block or refuse to transmit internet packets on account of their contents, except that an Internet Service Provider may block or filter packets received by a customer of that Internet Service Provider with consent of the customer (for example, customers may opt-in to ISP spam filtering or malware blocking).

(b.) Internet Service Providers shall have absolute immunity for content transmitted by their customers. No Internet Service Provider shall be liable at civil or criminal law, of the United States or any of the several States, for the content transmitted or received by its customers, unless enjoined a priori by a duly authorized Federal U.S. Court to disconnect a customer, and said Internet Service Provider fails to do so within a reasonable amount of time.

(c.) A private right of action accrues to any person or entity injured in violation of this Act, and an action may be filed in the appropriate U.S. District Court.

(d.) Actions heard under this section shall be heard by a panel of 3 judges in the same manner as cases involving elections, except where a different procedure is specified. The procedures in this section shall apply to any federal action seeking an injunction to disconnect a customer from an Internet Service Provider, regardless of under what section of law the action arises under.

(e.) An Appeal from a final judgement in the District Court under the procedures specified in (d). shall be heard by the Court of Appeals en banc.

(f.) From a judgment of the Court of Appeals involving this section, if at least one third of the judges dissent, the judgement may be appealed within 90 days by filing a notice of appeal directly to the U.S. Supreme Court in the Court of Appeals. In all other circumstances, the normal processes applicable to appeals in general shall apply.

(g.) In cases where the actual national security of the United States is immediately threatened, the president of the United States may issue an emergency order pursuant to this section directing an Internet Service Provider to block or restrict internet traffic. An action at law seeking to validate the emergency order must be filed within 2 business days against those prejudiced by the order. The Court shall order service of such action upon the injured parties by the U.S. Marshalls immediately if they can be reached. Within 5 days of the filing of responsive pleadings, or 30 days after service, the Court shall issue a preliminary ruling on the legality of the blocking, and either sustain or lift the emergency order pending further proceedings.

(h.) An appeal from an final judgment under § 1 (g.) sustaining a blocking order may be filed in the Court within 90 days of judgment as a direct appeal to the U.S. Supreme Court. The U.S. Supreme Court may extend the time to appeal upon receipt of a request for an extension during the time to appeal, and has jurisdiction to hear untimely requests to extend the time to appeal, but shall exercise such authority to extend the time to appeal out of time only as required by concerns of equity.

(i.) No State court may enjoin or order the blocking of internet traffic by an Internet Service Provider. Provided, however, that a state court may issue a proposed injunction pursuant to this section, and a party may file an action to enforce the proposed injunction in a Federal District Court under the procedures listed in (d.), either concurrently with state litigation for a preliminary injunction, or within 30 days after final judgment by the State Court(s) after final judgment.

(k.) All rights which would arise against restraint of speech in a public form under the First Amendment shall be available to parties seeking access to the Internet under this section.

(l.) An internet service provider may elect to refuse service to a person or entity upon the following grounds:
	I. Non-payment exceeding $30 at least 90 days past-due,
	II. Unauthorized access to resources of the internet service provider,
	III. Lack of technical capability to provide service at the requested location,
	IV. Or, the Internet Service Provider has probable cause to believe that the customer is transmitting Child Sexual Abuse Material.

(m.) An Internet Service Provider shall possess good faith immunity for damages due to a disconnection or refusal to serve pursuant to (l.), but shall nonetheless be subject to corrective injunction.

(n.) Actions under this section shall not be eligible for arbitration except upon a joint consent motion to arbitrate by all parties after an action is filed. An agreement to arbitrate commenced prior to such action being filed shall be unenforceable.

§ 3 Infrastructure as a Service Providers

(a.) No IaaS Provider may discriminate against customers or potential customers on the basis of race, age, national origin, ethnicity, gender, viewpoints including political viewpoints, or legal speech, with regard to the provisioning or use of:
	I. Virtual Machines,
	II. IP Addresses,
	III. Load Balancers,
	IV. Network Interfaces or devices,
	V. Graphics or Compute Resources (CPU/GPU)
	VI. Random Access Memory,
	VII. Network Bandwith,
	VIII. Transfer Quotas,
	IX. Portal Access,
	X. Reverse IP Lookup, or
	XI. Storage speed or capacity.

(b.) An action to enforce § 3(a) may be commenced in an appropriate District Court of the United States.

§ 4 Financial Service Providers

(a.) A financial service provider or money processor may not discriminate on the basis of race, age, national origin, ethnicity, gender, viewpoints including political viewpoints, or legal speech of a customer or potential customer with regard to payment processing or banking services.

(b.) An action to enforce § 4(a) may be commenced in an appropriate District Court of the United States.