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Trump Administration’s Justice Dept. Sues to Block California’s Net Neutrality Law

Phillip Dampier October 1, 2018 Consumer News, Net Neutrality, Public Policy & Gov't 1 Comment

Gov. Brown

Within hours of California’s Gov. Jerry Brown signing the state’s sweeping new net neutrality protection law, Attorney General Jeff Sessions filed a federal lawsuit to block the law, calling it an illegal attempt to bypass the Federal Communications Commission and its chairman Ajit Pai, which the Trump Administration argues has the sole authority over the nation’s internet service providers.

“States do not regulate interstate commerce — the federal government does,” Sessions said in a statement. “Once again the California legislature has enacted an extreme and illegal state law attempting to frustrate federal policy. The Justice Department should not have to spend valuable time and resources to file this suit today, but we have a duty to defend the prerogatives of the federal government and protect our Constitutional order. We will do so with vigor. We are confident that we will prevail in this case—because the facts are on our side.”

The Department of Justice claimed in its lawsuit that California’s open internet protection legislation was blatantly against the public interest because it imposes a host of rules on the conduct of companies like AT&T, Verizon, Comcast, and Charter that are contrary to the administration’s deregulation principles.

“[This new law] unlawfully imposes burdens on the federal government’s deregulatory approach to the internet,” the lawsuit stated. “The United States concluded that California, through Senate Bill 822, is attempting to subvert the federal government’s deregulatory approach by imposing burdensome state regulations on the free internet, which is unlawful and anti-consumer.”

FCC Chairman Ajit Pai wholeheartedly supports the lawsuit, releasing his written comments praising it as part of the Justice Department’s media release.

“I’m pleased the Department of Justice has filed this suit,” Pai wrote. “The internet is inherently an interstate information service. As such, only the federal government can set policy in this area. And the U.S. Court of Appeals for the Eighth Circuit recently reaffirmed that state regulation of information services is preempted by federal law.”

“Not only is California’s internet regulation law illegal, it also hurts consumers,” added Pai. “The law prohibits many free-data plans, which allow consumers to stream video, music, and the like exempt from any data limits. They have proven enormously popular in the marketplace, especially among lower-income Americans. But notwithstanding the consumer benefits, this state law bans them.”

The Trump Administration fears the new California law will set a de facto standard of net neutrality protection across all 50 states, because California’s market size makes it difficult for telecommunications companies to apply one standard in California, while maintaining different standards everywhere else.

Sessions

The California net neutrality law restores most of the rules ISPs followed during the Obama Administration, including bans on blocking or throttling internet content and outlawing paid prioritization schemes, which would allow ISPs to charge content providers extra to guarantee their internet traffic was prioritized over other traffic. The new law also covers interconnection agreements between ISPs, which are cited as largely responsible for traffic slowdowns on websites like Netflix and YouTube. Some ISPs have used these traffic exchanging agreements as leverage to seek compensation from internet content companies in return for higher capacity, less congested connections between a content provider and the ISP’s customers. The FCC did not address this issue in its own, now repealed, net neutrality rules.

California’s attorney general promised to defend the new law in court and oppose the Justice Department lawsuit.

“We will not allow a handful of power brokers to dictate sources for information or the speed at which websites load,” said Xavier Becerra. “We remain deeply committed to protecting freedom of expression, innovation and fairness.”

Currently there is 1 comment on this Article:

  1. L. Nova says:

    GOP running for office: Debt bad! States rights! We don’t need the federal gubmnt for nothing! All feds should be fired! Only states should have power! Our debt is too high! The Current people in charge just want to waste all of your money! I will only accept balanced budget proposals! Every Penny that passes by my desk must mean a penny cut from something else!
    GOP in office: TAKE ALL OF THE MONEY! Who cares about debt? Just promise you won’t give it to the poor people. They don’t deserve money. Also — F**k your state, do what I say. The federal government rules all.
    Rinse. Lather. Repeat. Every. Single. Election.

    So much of the early, free, and truly open internet was a celebration because it was the opposite of what Pai and his cronies represent. Pai and his merry band of dinosaurs want nothing more than for things to go back to the way they were, when corporations controlled what we saw, when we saw it, as well as the messages media contained (and who was allowed representation).

    Hey Pai:

    You got your work cut out for you now that California passed their own net neutrality law that will take effect January 1rst 2019.
    You neutered the FCC and decided to f**k with the largest state in the union and the world’s 5th largest economy.

    Newsflash: You are not going to win.







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