WASHINGTON: The US Court of Appeals on Friday upheld California’s net neutrality law, saying a 2017 decision by the Federal Communications Commission (FCC) to overturn federal Internet security does not preclude the state’s action.
The 9th Circuit Court of Appeals, in a 3-0 decision, dismissed a challenge by telecommunications and broader industry groups to block California’s net neutrality law, which aims to protect the open Internet.
The panel’s decision stated that since the FCC under former President Donald Trump reclassified Internet services as more lightly regulated information services, the commission “no longer has the authority to regulate in the same way that it would when These services were classified as telecom services.”
A lower court judge refused to block California’s net neutrality law from taking effect in February 2021 after the Justice Department withdrew its separate legal challenge to California’s state law.
California’s 2018 law prohibited internet service providers from blocking or throttling traffic, or offering paid fast lanes, but it only took effect last year.
The appeals court said “the stakes are high for the industry and consumers in this case,” and noted that without net neutrality rules, Internet providers “could open the door to competitive, discriminatory behavior that harms important segments of society.” could.”
Industry groups suing California included USTelcom, the wireless trade association CTIA, and NCTA – the Internet and Television Association, as well as Internet providers including AT&T, Verizon, and Comcast. They said in a joint statement on Friday that they are “disappointed and will review our options. Once again, a piecemeal approach to the issue is untenable and Congress must once and for all seek national rules for an open Internet.” should be codified.”
California Attorney General Rob Bonta said the decision would “protect Californians from blocking, throttling, zero-rating and other anti-competitive practices.”
The FCC under former President Barack Obama, a Democrat, adopted net neutrality rules in 2015. He was overturned by the FCC in 2017 under Trump, a Republican. California’s legislature responded in August 2018 by adopting a state law requiring net neutrality.
Proponents of net neutrality rules argue that security ensures a free and open Internet. Broadband and telecommunications trade groups argue that their legal basis from the pre-Internet era was out of date and would discourage investment.
FCC President Jessica Rosenworcel said Friday the decision was “good news” and that the FCC “needs to make it the law of the land once again.”
Tom Johnson, who served as the FCC’s general counsel during the Trump administration, said the decision “raises confusion about whether states can adopt policies that would have led to the FCC’s decision to repeal net neutrality rules.” weakens it.”
Ultimately, he said, “the Supreme Court has to address the role of states in this area.”
The FCC remains split 2-2. Democrats have been unable to initiate proceedings to restore net neutrality. A Senate committee is set to vote next week on FCC commissioner nominee Gigi Sohn, a Democrat.
Public Knowledge’s legal director John Bergmeier called the decision “a huge victory for Internet users in California and nationwide.”
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