The very article you cite states Washington's approach is risky. An offshoot of the Interstate Commerce Clause known as the "dormant commerce clause" states that because the Federal government has the overriding authority concerning interstate commerce, state regulations can be overridden, even without direct Congressional action, if they step on the Fed's toes, so to speak, and intrude too much into other states' matters. The approach taken by nearby Montana (which focuses on state agencies rather than ISPs) is more likely to hold up.