California agrees to delay the application of the net neutrality law
California agrees to delay the application of the net neutrality law
The Attorney General of California Xavier Becerra
(Associated Press)SACRAMENTO, California. California will not enforce the nation's strictest network neutrality law when it goes into effect in January, coinciding on Friday with the Trump administration and Internet companies that demanded that state law should wait for the outcome of a separate decision. Lawsuit pending in Washington.
Attorney General Xavier Becerra made a joint presentation with attorneys seeking to block the law and asks a federal judge in Sacramento to suspend the California case for now.
The California network's neutrality law was celebrated nationally by advocates seeking to preserve the rules that prevent Internet companies from accelerating or slowing down certain online content. He imitated the federal rules adopted during the Obama administration and retracted under Trump.
"Every step we take, every action we launch is intended to place us in the best position to preserve the neutrality of the network for the 40 million people in our state," said Becerra, a Democrat, in a statement.
The supporters of the California law were not disappointed by the delay, which Becerra suggested was best for the California case.
"This is not a setback," said Ryan Singel, a member of the Internet and Society Center at Stanford Law School, which supports the law. The law was expected to be suspended, he said, "and is ready to go into effect once the federal decision is reduced."
By undoing the national net neutrality rules, the FCC said states could not approve their own Internet regulations. The legality of that federal anticipation is a central issue in the lawsuit challenging the FCC's order, which is scheduled to be discussed on February 1 in the United States Circuit Court of Appeals for the District of Columbia.
Until it is decided, the California case would have to proceed assuming it is valid, which seriously complicates the state's case that it has the authority to regulate the conduct of Internet providers.
"California was in a difficult position, and it was in their best interest to do so," said Marc Martin, a former FCC staff member who is now president of communications practice at the Perkins Coie law firm.
FCC chairman Ajit Pai called the California move a victory and called it a substantial concession that reflects the strength of the federal case against California.
"It also shows (...) that there is no urgent problem that these regulations should be resolved," Pai said in a statement.
Advocates hope that California's new law to prevent Internet providers from favoring certain content or websites will push Congress to enact national standards or encourage other states to create their own laws.
California Governor Jerry Brown signed into law last month that prohibits Internet service providers from blocking or slowing content-based data or favoring websites or video transmissions from companies that pay extra.
Net neutrality advocates are concerned that, without rules, Internet providers can create fast and slow routes that favor their own sites and applications or make it difficult for consumers to see the content of their competitors.
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