Tuesday, 11 December, 2018
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  • DOJ Sues CA Over New Law Protecting Discarded Net Neutrality Rules

DOJ Sues CA Over New Law Protecting Discarded Net Neutrality Rules

California's 'gold standard' net neutrality becomes law CA gov. signs net neutrality bill into law, Justice Department sues
Laurie Berry | 01 October, 2018, 21:58

California and the Trump administration are feuding over the state's new internet neutrality law that aims to ensure a level playing field on the internet. The US Department of Justice aims to find out-it has already hit California with a lawsuit in hopes of blocking the rules, and effectively raining on the state's parade.

U.S. Attorney General Jeff Sessions says he will defend the federal government's position.

State legislators began working on the bill when the Trump administration began to scale back net neutrality regulations past year, with many Democrats viewing the legislation as a victory against the White House.

The lawsuit argues that California's approach is "unlawful and anti-consumer" because it imposes burdensome regulations on the Internet and goes against the federal government's approach.

The bill passed the state legislature with overwhelming and bipartisan support, and could unleash a wave of similar efforts in other states, with serious implications in the fight to restore net neutrality nationwide.

California's net neutrality law is set to take effect on January 1, but the Justice Department late Sunday in a court filing sought a preliminary injunction to block it from taking effect, warning that internet companies "cannot realistically comply with one set of standards in this area for California and another for the rest of the nation - especially when internet communications frequently cross multiple jurisdictions".

The FCC has said instead that other agencies, such as the Federal Trade Commission, should take a more active role in protecting the public from violations of net neutrality.

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It was a foregone conclusion that the bill would face legal scrutiny, especially after FCC Chairman Ajit Pai lashed out at the rules two weeks ago, calling them "illegal", "radical", and "anti-consumer". The law also prohibits carriers from demanding special new fees from websites, and it bars Internet providers from selectively exempting their preferred apps from customer data caps.

"Under the Constitution, states do not regulate interstate commerce-the federal government does".

California's law seeks to reinstate those rules. He doubled down on calling California's net neutrality regulation illegal, adding that "it also hurts consumers".

The US Senate voted 52 to 47 for net neutrality.

"We've been down this road before: when Trump and Sessions sued Calif. and claimed we lacked the power to protect immigrants". As a result, the Trump administration wants to make an example of California.

"Whether or not it grants an injunction, I suppose the Court might stay further action on the case (i.e., hold it in abeyance) unless and until the D.C. Circuit reverses the FCC's decision", Georgetown's Schwartzman said.

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