Net neutrality died a horrible death in 2017, but things have just changed: California’s historic net neutrality law, erected in 2018 but immediately blocked by lawsuits from Trump’s Justice Department and the drug industry. telecommunications can finally be enforced.
That is the verdict of Judge John Méndez today, who refused to grant the telecommunications industry the preliminary injunction it had requested. The case may not be over, but the law may go into effect, and the judge doesn’t think the telecommunications industry is likely to win.
According to MLEx journalist Mike Swift Y The Hollywood ReporterEriq gardner, each of whom had been following the decision live, Judge Méndez believes Congress should decide whether there should be net neutrality:
Mendez says it should be up to Congress, not the federal courts, to regulate #Network neutrality “When you have to deal with legislation written in 1934 in 2021, I don’t think anyone is well served … That is the job of Congress. They have to keep up with what is happening in the real world.” https://t.co/4yceR9bbT4
– Mike Swift (@Swiftstories) February 23, 2021
The judge addresses what he says is “elephant” just in case: “There are political overtones … This decision today is a legal decision and should not be viewed through a political lens. I am not expressing anything about the soundness of the policy. That’s better left to Congress. “
– Eriq Gardner (@eriqgardner) February 23, 2021
The DOJ dropped its own lawsuit challenging California law earlier this month, so the possible preliminary injunction from the telecommunications industry was the last thing that got in the way, for now.
Here is the opinion of the acting chairman of the FCC on the matter:
When the FCC, despite my objection, reversed its #network neutrality policies, states like California sought to fill the void with their own laws. Tonight, a California court decided that state law can go into effect. This is great news for #openinternet politics.
– Jessica Rosenworcel (@JRosenworcel) February 24, 2021
California State Senator Scott Weiner, author of the bill, He is celebrating:
SB 822 is the strongest net neutrality law in the country. We worked incredibly 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 so do I, as a California resident who knows it’s time to fix the internet.
Here is the full text of the California Network Neutrality and Internet Consumer Protection Act of 2018, also known as SB-822. It contains a list of things ISPs won’t be able to do, including paid prioritization, favorable “zero rating” content so it doesn’t count against your data cap (think those streaming services combined!), And failing to tell you that how fast service really is and how your network management practices and speeds really work.