Despite a federal ruling, state law protects net neutrality in California.
The U.S. Court of Appeals for the Sixth Circuit Thursday struck down the Federal Communications Commission’s net neutrality rules that prevented internet service providers from blocking content or charging more to deliver it, USA Today reported.
The Cincinnati-based court determined that the FCC, which voted along party lines in April to reinstate the Obama-era rules that were repealed during Donald Trump’s first term as president, lacked the authority to do so.
But the federal ruling doesn’t apply to state laws protecting net neutrality in California, Washington and Colorado.
Net neutrality became protected under the California Internet Consumer Protection and Net Neutrality Act of 2018.
As the California Legislative Information website explains, the law prohibits internet providers from blocking or impairing internet traffic based on lawful content, applications, services, or non-harmful devices. It also prevents telecommunications companies from favoring some traffic over others through fees.
Democratic Gov. Jerry Brown signed the California act into law on Sept. 30, 2018.
Associations representing major internet providers sued that year to stop the law, saying it would hurt customer services and “harm new investment and economic growth,” Reuters reported. The Trump administration’s U.S. Department of Justice also filed a suit, but the Biden administration dropped the lawsuit in February 2021, as reported by The Hill.
In January 2022, the U.S. Court of Appeals for the Ninth Circuit in San Francisco ruled that the law would remain in effect while litigation was ongoing.
At the time, Attorney General Rob Bonta said the state would continue to fight “to protect Californians’ access to a fair and open internet.”
The associations’ lawsuits were dropped in May 2022. The law remains in effect today in California.
Thursday’s federal ruling in Ohio against the FCC is an early victory for Trump ahead of his second term as president, which begins Jan. 20. His choice for FCC chairman, Brendan Carr, has criticized net neutrality.
“While the work to unwind the Biden Admin’s regulatory overreach will continue, this is a good win,” Carr said on X, formerly Twitter.
Former FCC Chairwoman Jessica Rosenworcel called on Congress on Thursday to protect net neutrality, USA Today reported. Rosenworcel, who described net neutrality as necessary for daily life, said Americans still want “fast, open, and fair” internet service.
Dave Mason covers East County for the Ventura County Star. He can be reached atdave.mason@vcstar.com or 805-437-0232.
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