DOJ lawsuit may delay California's new net neutrality law
DOJ lawsuit may delay California's new net neutrality law
A lawsuit from the US Department of Justice UU It could delay the implementation of the toughest network neutrality law in the country of California, which will take effect on January 1.
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.
But legal experts say it's possible for a judge to suspend the law while the litigation takes place. If that happens, the delay could be significant because the problem seems to be destined for the Supreme Court of the United States.
California Governor Jerry Brown signed a law on Sunday that prohibits Internet service providers from blocking or slowing content-based data or favoring websites or video transmissions of companies that pay extra. It also prohibits "zero rating", in which Internet providers do not count certain content with a monthly data limit, usually video streams produced by the company's own subsidiaries and partners.
The Department of Justice of the United States immediately demanded, arguing that the federal government has exclusive authority to regulate the Internet.
Stanford University law professor Barbara van Schewick said the law adopts the same national rules that the Federal Communications Commission repealed in June. The constitutionality of California law, and whether other states can adopt their own rules of net neutrality, depends to a large extent on the outcome of a pending case in a federal appeals court in Washington, D.C., said van Schewick.
When the FCC repeated the rules of the Obama era last year that prevented companies from exercising more control over what people see and see on the Internet, it also prohibited states from drafting their own rules like the California law for the senator. Democrat Scott Wiener.
Advocates of network neutrality worry that, without rules, Internet providers can create fast lanes and slow lanes that favor their own sites and applications or make it difficult for consumers to see the content of the competition.
In response, the California attorney general and 21 other state attorneys general filed a lawsuit in January in the Circuit Court of Appeals of D.C., in order to invalidate the FCC's reversal.
The appeals court has not yet resolved, and van Schewick and other legal analysts are waiting for an appeal before the US Supreme Court. UU., Which will probably guide the outcome of the last lawsuit.
The Department of Justice and California are discussing the legal notion of "prevention" and whether the FCC is the sole regulator of net neutrality.
Marc Martin, a former FCC employee who is now chairman of communications practice at the Perkins Coie law firm, said the typical "preventative" lawsuits filed by the federal government seek to prevent states from ignoring duly promulgated federal regulations. as the Voting Rights Act.
But with net neutrality, Martin said the FCC insists it remains the sole regulatory authority despite its deregulatory actions.
Martin said it's a weird argument for anticipation, but it's not a novel. A federal agency tasked with establishing airline routes and rates was abolished in the 1970s, but states are still not allowed to adopt their own airline rules.
However, Martin and other legal analysts say that California also has a strong legal argument.
"California could argue that net neutrality laws are consumer protection laws," he said.
"It is well established that states have the authority to protect the health, welfare and safety of their own residents, that is why they have their own police forces, national guard, state attorney general and their own consumer protection laws. "said Martin. I could argue that net neutrality laws are consumer protection laws. "
Regardless of the final outcome, Martin also believes that a federal judge in California will prevent the state law from taking effect while the lawsuit remains unresolved.
Boston Law School professor Dan Lyons said federal lawmakers are key to resolving the discussion between the FCC and California and other states seeking to establish their own rules.
"The only way for the problem to disappear is if Congress passes a statute on net neutrality," Lyons said. "Congress has not made clear what role, if any of the FCC should have to regulate the Internet."
Lyons was not optimistic and that was soon.
"The only durable agreement would be the bipartisan legislation of Congress," he said. "I do not see that happening in the near future."
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Anderson contributed from New York. Associated Press writer Jonathan J. Cooper in Sacramento, California, also contributed to this report.
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