California may begin enforcing the net neutrality law it enacted more than two years ago, a federal judge ruled yesterday in a loss to internet service providers.
The motion by broadband industry lobby groups for a preliminary injunction was rejected by Judge John Mendez of the US District Court for the Eastern District of California. Mendez did not issue a written injunction, but announced his ruling at a hearing, and his rejection of the ISP’s motion was noted in the roll.
Mendez was reportedly unaffected by ISPs’ claims that a net neutrality law is unnecessary because they have not blocked or throttled internet traffic.
“I’ve heard that argument and I don’t find it convincing,” Mendez said according to The Hollywood Reporter. “It will fall on deaf ears. Everyone has behaved their best since 2018, waiting for what happened in the DC Circuit. [court case over the FCC’s repeal of net neutrality]I don’t value the argument that everything is okay and that we don’t have to worry. “
Mendez, who was nominated by President Bush in 2008, also said, “This decision today is a legal decision and should not be seen in the political lens. I am not saying anything about the soundness of the policy. That may have been better resolved by the Congress then through federal courts. “
The lobby groups’ lawsuit against California will continue, but the state can enforce its law while the case is still ongoing. California Attorney General Xavier Becerra praised the ruling, saying it means “California may soon begin enforcing SB 822,” the net neutrality law.
“The ability of an Internet service provider to block, slow down, or speed up content based on a user’s ability to pay for service detracts from the notion of a competitive market and the overt transmission of information that is at the heart of our ongoing more digital and connected world, ‘Becerra said.
“Big Win”
The lawsuit against California was filed by major broadband industry lobby groups representing both fixed and mobile ISPs. Those groups are the American Cable Association, CTIA-The Wireless Association, NCTA-The Internet & Television Association, and USTelecom.
“Today’s federal court ruling allowing California to enforce our net neutrality law is a huge victory for open access to the Internet, our democracy and our economy,” said Sen. Scott Wiener (D-San Francisco), who issued the California introduced net neutrality legislation. . “The Internet is at the heart of modern life. We should all be able to decide for ourselves where we go on the Internet and how we access information. We cannot allow big companies to make those decisions for us.”
California’s net neutrality law has also been challenged by the Trump administration’s Department of Justice. President Biden’s DOJ voluntarily dropped the lawsuit, leaving the broadband industry case as the remaining legal obstacle for California.
When the industry and DOJ filed their lawsuits in 2018, California agreed to suspend state law enforcement until the end of the lawsuit over the actions of then Federal Communications Commission Chairman Ajit Pai against net neutrality regulations. Pai’s repeal of FCC net neutrality rules was subsequently enforced, but he lost his attempt to break all state laws.
Despite the FCC’s priority loss, the Trump administration and the broadband industry resumed their fight against California, claiming that state law could not be enforced because the FCC has “sole responsibility” for regulating interstate communications and “Internet communications are inherent. interstate “. After the Biden administration dropped the US lawsuit against California, the state said that “the voluntary dismissal of the lawsuit by the United States underlines the defendant’s arguments that SB 822 has not been ruled out.”
California law prohibits Internet service providers from legally blocking or restricting traffic. It also prohibits demanding fees from websites or online services to deliver or prioritize their traffic to consumers, prohibits paid data cap exemptions (so-called “zero rating”), and says ISPs should not attempt to circumvent net neutrality protections by slowing down traffic on network connection points.
FCC has abandoned the role of regulating broadband
California has yet to win the lawsuit to avoid a future ruling that could overturn the net neutrality law. But with a win over the ISP’s request for a preliminary injunction, California and its supporters say they are confident in their arguments.
Judge Mendez “found the law to be on a solid legal basis and that the ISPs trying to overthrow it are unlikely to be victorious,” said Professor Barbara van Schewick, professor of Stanford Law.
“The previous Federal Communications Commission produced this outcome when it decided it had no control over broadband,” said John Bergmayer, legal director at Public Knowledge. “The DC circuit [federal appeals court] has already made it clear that without the power to regulate, the FCC does not have the power to prevent states from regulating. Broadband providers, however, rushed to court to prevent states from exercising their traditional role of consumer protection. Judge Mendez rightly dismissed their arguments. “
The four broadband lobby groups that filed the lawsuit said in a joint statement that they “will review the court’s opinion before deciding on the next steps,” according to The Washington Post.
“A state-by-state approach to internet regulation will confuse consumers and deter innovation, just as the importance of broadband has never been more apparent to all,” said industry groups. “We agree with the court that a patchy approach is unsustainable and that Congress should codify rules for an open Internet.”