A congressional effort pushed by big online companies to promote net neutrality through an obscure legislative tool ignores a simple truth: It will not permanently protect a free and open Internet and will continue to leave many rural and minority residents in California on the wrong side of the digital divide. Rather than spending time on a legislative Hail Mary with virtually no chance of becoming reality, Congress should develop a comprehensive bill that levels the Internet playing field and expands access for all Americans.

Following the December vote by the Federal Communications Commission (FCC) to repeal Title II regulations on the Internet, some lawmakers proposed repealing the order by using a device called the Congressional Review Act (CRA). The Internet CRA gives Congress the power to nullify rules enacted by federal agencies and requires only a simple majority to pass it — making it immune to filibusters and congressional debate.

Prior to 2017, the CRA had only successfully been invoked once. While it has recently been used to repeal a handful of Obama-era rules, it has never been used to establish substantive policy that would affect virtually every American.