Vermont § 86 - Executive Order No. 3-86 (No. 02-18) [Internet Neutrality in State Procurement]

§ 86. Executive Order No. 3-86 (No. 02-18) [Internet Neutrality in State Procurement]

• WHEREAS, Vermonters rely on open and unrestricted access to the value and economic
  opportunity the Internet offers; and WHEREAS, Vermont’s educational institutions require a free and open Internet to educate
  students, promote social and intellectual growth, and to prepare them to succeed in
  the global economy; and WHEREAS, Vermont’s school students rely on a free and open Internet to take full advantage
  of the vast amount of information, services, and communications opportunities available
  through online sources, and to develop into well-rounded citizens engaged in the world
  beyond their geographic limits; and WHEREAS, Vermont State employees use the Internet every day to serve citizens and
  conduct the business of the State; and WHEREAS, throttling or paid prioritization of Internet services could adversely impact
  these institutions and the economic and social advancement of, and work for Vermonters;
  and WHEREAS, many important and often critical government services are offered online
  to facilitate easy and efficient access by Vermonters, and throttling or paid prioritization
  of Internet services could limit Vermonters’ ready access to these services and inhibit
  citizens, particularly those in need, from accessing important government services;
  and WHEREAS, the Federal Communications Commission (FCC) recently issued its order, “Restoring Internet Freedom” which eliminated net neutrality principles; and WHEREAS, this Administration bears the ongoing responsibility of ensuring the efficient
  procurement of goods and services for State entities, and the principles of net neutrality
  are inherently tied to the provision of reliable, high-quality broadband Internet
  service for the State. NOW, THEREFORE, BE IT RESOLVED THAT I, Philip B. Scott, by virtue of the authority
  vested in me as Governor, do hereby issue the following directive to all State Agencies,
  as follows: I. All State Agency contracts with Internet service providers shall include net neutrality
  protections, and specifically state that Internet service providers shall not: A. Block lawful content, applications, services, or nonharmful devices, subject to reasonable
  network management that is disclosed to its customers; B. Throttle, impair or degrade lawful Internet traffic on the basis of Internet content,
  application, or service, or use of a nonharmful device, subject to reasonable network
  management that is disclosed to its customers; C. Engage in paid prioritization or providing preferential treatment of some Internet
  traffic to any Internet customer; D. Unreasonably interfere with or unreasonably disadvantage either: i. A customer’s ability to select, access, and use broadband Internet access service
  or the lawful Internet content, applications, services, or devices of their choice;
  or ii. An edge providers’ ability to make lawful content, applications, services, or devices
  available to a customer; “State Agency” as used in this Executive Order shall include all State agencies, departments,
  commissions, committees, authorities, divisions, boards or other administrative units
  of the Executive Branch, including elected offices as well as those having express
  statutory authority to enter into contracts (Agencies). II. As soon as practicable, but in no event later than April 1, 2018, the Agency of Administration
  shall amend the State’s Procurement and Contracting Procedures as necessary and appropriate
  to comply with this directive. III. Waivers to these Procedures may be granted by the Secretary only upon receipt of a
  written justification from a State Agency and a finding by the Secretary a waiver
  would serve a legitimate and significant interest of the State. The Department of
  Public Service shall resolve any dispute over the definition of terminology used in
  this Executive Order. IV. Each State Agency that procures telecommunications services shall cooperate with the
  Agency of Administration and the Department of Buildings and General Services in implementing
  this Executive Order. State Agencies must receive approval from the Agency of Digital
  Services and the Secretary of Administration before procuring Internet services, including
  cellular data and/or wireless broadband Internet services. V. The Department of Public Service, in consultation with the Secretary of ADS, shall
  evaluate and advise the Governor on potential actions to promote net neutrality in
  order to protect Vermonters’ access to a free and open internet. This may include
  requiring Internet service providers to provide notice to their customers regarding
  network and transport management practices and performance and commercial terms of
  their broadband Internet access services sufficient for (A) consumers to make informed
  choices regarding use of such services and for content, application, service, and
  (B) device providers to develop, market, and maintain Internet offerings. VI. Nothing in this Order shall be construed to supersede any federal law. VII. This Executive Order shall take effect upon signing. Dated February 15 2018.