Network neutrality died a horrible death in 2017, but things have just changed: California’s network neutrality law – created in 2018, but immediately blocked by lawsuits from the Trump Department of Justice and the telecommunications industry – can finally be applied.
That is the verdict of Judge John Mendez today, who refused to grant the telecommunications industry the requested injunction. The case may not be closed, but the law may go into effect – and the judge does not believe that the telecommunications industry is likely to win.
According MLEx journalist Mike Swift and The Hollywood ReporterEriq Gardner, each of whom was following the decision live, Judge Mendez believes that it should be up to Congress to say whether net neutrality should exist:
Mendez says that it should be up to Congress, not federal courts, to regulate #NetNeutrality “When you have to deal with legislation drafted in 1934 in 2021, I don’t think anyone is well served … This is the job of Congress. They have to keep up with what’s going on in the real world.” https://t.co/4yceR9bbT4
– Mike Swift (@Swiftstories) February 23, 2021
The judge addresses what he says is an “elephant” in the case: “There are political overtones … This decision today is a legal decision and should not be seen in political lenses. I am not expressing anything about the soundness of the policy. better left for Congress. “
– Eriq Gardner (@eriqgardner) February 23, 2021
The DOJ dropped its own lawsuit by questioning California law earlier this month, so the possible telecoms injunction was the last thing to stop it – for now.
This is the opinion of the FCC President-in-Office on the matter:
When the FCC, despite my objection, reversed its #netneutrality politics, states like California sought to fill the void with their own laws. Tonight, a California court ruled that state law could go into effect. This is great news for #openinternet policy.
– Jessica Rosenworcel (@JRosenworcel) February 24, 2021
California state senator Scott Weiner, author of the bill, is celebrating:
SB 822 is the strongest network neutrality law in the country. We worked hard to pass this law, overcoming massive corporate opposition. California can now fully protect an open Internet.
– Senator Scott Wiener (@Scott_Wiener) February 24, 2021
And me too, as a California resident who knows it’s past time to fix the internet.
This is the full text of the California Internet Consumer Protection and Network Neutrality Act 2018, also known as SB-822. It contains a list of things that ISPs will not be able to do, including paid prioritization, favorable “zero rating” content so it doesn’t count towards your data limit (think of these bundled streaming services!) And failures to tell you that what fast service really is and how your network management practices and speeds really work.