New York has become the second state to enforce net neutrality with an executive order that prevents ISPs from obtaining state contracts unless they follow net neutrality principles.

New York Governor Andrew Cuomo signed the executive order yesterday, days after Montana Governor Steve Bullock did the same. The states are challenging the Federal Communications Commission, which repealed its own net neutrality rules and preempted states from imposing similar ones.

The executive orders attempt an end run around the FCC's preemption of local laws. Instead of directly requiring all ISPs to follow net neutrality principles, the executive orders require state agencies to only do business with ISPs that offer neutral networks.

"The FCC's dangerous ruling goes against the core values of our democracy, and New York will do everything in our power to protect net neutrality and the free exchange of ideas," Cuomo said in an announcement yesterday.

No charging extra for specific content

The order says state agencies and departments may not "enter into any contracts for Internet service unless the ISPs agree to adhere to net neutrality principles." ISPs would disqualify themselves from obtaining state contracts if they "block, throttle, or prioritize Internet content or applications or require that end users pay different or higher rates to access specific types of content or applications."

The New York order goes beyond Montana's by including the specific provision against charging users higher rates to access specific types of Internet content and applications.

States are using a few strategies to rebel against the FCC's elimination of net neutrality rules. There is net neutrality legislation pending in several states, and 22 attorneys general are suing the FCC in an attempt to reverse the net neutrality repeal.

In general, Democratic state officials are the ones challenging the FCC. Every US state with a Democratic attorney general is part of the lawsuit against the commission, but no Republican state attorneys general joined the effort.