House passes anti-net neutrality resolution, veto likely

Update: an earlier version of this post incorrectly stated that the joint resolution had passed; in reality, it's only the rules for that resolution that have passed.

The House of Representatives has approved procedures for passing H.J. Res 37 (PDF), a joint resolution that, if enacted by Congress and signed by the president, would undo the Federal Communications Commission's net neutrality rules, enacted in December. The bill reads as follows:

Resolved by the Senate and House of Representatives of the United States of America in Congress assembled, That Congress disapproves the rule submitted by the Federal Communications Commission relating to the matter of preserving the open Internet and broadband industry practices (Report and Order FCC 10-201, adopted by the Commission on December 21, 2010), and such rule shall have no force or effect.

The legislation was first approved along partisan lines in the House Energy and Commerce Committee's Subcommittee on Communications, then was voted out of the committee proper. Now it is approved for a vote by the House on Thursday, albeit with the overwhelming support of Republicans and the underwhelming support of Democrats—fewer than ten voted for the procedures.

If H.J. Res 37 is passed, it will go to the Senate, which the Democrats still control, and where the resolution's chances are unclear. One Democrat at the subcommittee hearing predicted that the Senate won't consider it. As for the White House, yesterday President Obama issued a statement on the resolution, warning of a veto.

"The Administration strongly opposes House passage of H.J. Res. 37, which would undermine a fundamental part of the Nation’s Internet and innovation strategy—an enforceable and effective policy for keeping the Internet free and open," the White House insists. "Disapproval of the rule would threaten those values and raise questions as to whether innovation on the Internet will be allowed to flourish, consumers will be protected from abuses, and the democratic spirit of the Internet will remain intact.

"If the President is presented with a Resolution of Disapproval that would not safeguard the free and open Internet, his senior advisers would recommend that he veto the Resolution," the statement concludes.