The Justice Department withdrew its 2018 lawsuit by challenging the state of California’s net neutrality rules on Monday, removing one of the law’s main obstacles that prevented it from taking effect.
In 2017, the Trump Federal Communications Commission voted to repeal Obama-era internet regulations that prohibited internet service providers, like AT&T and Verizon, from controlling or blocking traffic and implementing paid highways. The following year, California passed its own law instituting network neutrality rules at the state level. That law was quickly challenged by the Justice Department led by Trump, who argued that California law was replaced by the FCC’s 2017 repeal.
“I am pleased that the Justice Department has withdrawn this case. When the FCC, despite my objection, reversed its net neutrality policies, states like California sought to fill the void with their own laws, ”said FCC acting President Jessica Rosenworcel in a statement on Monday. “In taking this step, Washington is listening to the American people, who overwhelmingly support an open Internet, and are plotting a course to once again make net neutrality the country’s law.”
California law has not yet come into effect due to separate legal challenges, regardless of the Department of Justice case. According Reuters, another challenge to the law presented by industry groups is awaiting a February 23 hearing.
Former FCC president Ajit Pai left the agency last month when President Joe Biden was sworn in. Rosenworcel currently chairs the agency as an actor, and it is unclear when Biden will appoint an official replacement for Pai.