[OPLIN 4cast] OPLIN 4Cast #614: Will California’s daring net neutrality bill change the landscape?

Wed Oct 3 10:30:03 EDT 2018

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OPLIN 4Cast #614: Will California’s daring net neutrality bill change the
landscape?
October 3rd, 2018

[image: Senior executive choking internet speed for net neutrality
concept] *[Guest
post from OPLIN's intern, Eric Vescelius]*

On December 14th, 2017 the Federal Communications Commission voted to
repeal net neutrality laws introduced by the Obama administration. This was
met by a significant amount of resistance at the state level,  with 22
states filing briefs to a US Appeals Court to overturn the ruling. In
addition, both Washington and Oregon passed their own state laws protecting
net neutrality this year. On September 30th, California passed S.B. 822
into law--essentially reinstating Obama-era net neutrality regulations for
state residents. The law states that ISPs cannot block or throttle specific
content or charge fees for faster access to content. The bill also
addresses a number of loopholes not previously focused on in the original
federal legislation.

California’s passage of net neutrality regulations is the most significant
to date due to the state hosting many of the world’s biggest tech companies
and the sheer size of the state’s population. In response, the Department
of Justice has sued California on the grounds that states cannot regulate
interstate commerce. In his public statement regarding the bill, DoJ
Attorney General  Jeff Sessions stated
<https://www.nytimes.com/2018/09/30/technology/net-neutrality-california.html>:
“Once again the California legislature has enacted an extreme and illegal
state law attempting to frustrate federal policy.”  California has remained
resolute in spite of the lawsuit. Xavier Becerra, the state’s Attorney
General, has commented that the state “...will not allow a handful of power
brokers to dictate sources for information or the speed at which websites
load” (New York Times).

The law is set to go into effect January 1st, 2019.

   -
   - California just passed its net neutrality law. The DOJ is already suing
   <https://money.cnn.com/2018/09/30/technology/california-net-neutrality-law/index.html>
   [CNN] “The California law would be the strictest net neutrality protections
   in the country, and could serve as a blueprint for other states. Under the
   law, internet service providers will not be allowed to block or slow
   specific types of content or applications, or charge apps or companies fees
   for faster access to customers.”
   - California's 'gold standard' net neutrality becomes law
   <https://www.cnet.com/news/californias-gold-standard-net-neutrality-becomes-law/>
   [CNET] “California is just one of several states looking to enact its own
   rules governing an open internet, after the Federal Communications
   Commission, under Pai, rolled back the Obama-era net neutrality rules in
   June. States, such as Washington, have pushed through a net neutrality law,
   while others are considering it. Meanwhile, attorneys general of 22 states
   and the District of Columbia have already filed a brief to a US Appeals
   Court to reverse the FCC's move.”
   - Trump administration sues California over tough net neutrality law
   <https://www.theverge.com/2018/10/1/17922674/us-government-sues-california-over-net-neutrality-law>
   [The Verge] “As the most populous US state and home to many of the
   world’s largest tech companies, California’s net neutrality rules, passed
   into law Sunday, hold significant sway. The DoJ lawsuit is likely to become
   a key test of the federal government’s net neutrality legislation,
   establishing whether states have any right to enact their own rules that go
   against those imposed at the national level”
   - Justice Department Sues to Stop California Net Neutrality Law
   <https://www.nytimes.com/2018/09/30/technology/net-neutrality-california.html>
   [New York Times] “States do not regulate interstate commerce — the
   federal government does,” Mr. Sessions said in a statement. “Once again the
   California legislature has enacted an extreme and illegal state law
   attempting to frustrate federal policy.”

*From the Ohio Web Library <http://ohioweblibrary.org>:*

   - Internet Neutrality: An Overview
   <http://proxy.oplin.org:2054/login.aspx?direct=true&db=pwh&AN=101841440&site=pov-live>(Issitt,
   M. (2018). Internet Neutrality: An Overview. Points of View: Internet
   Neutrality, 1. Retrieved from Points of View Reference Center)
   - Neutralized: Big Tech's Retreat from Net Neutrality
   <https://proxy.oplin.org:2111/login.aspx?direct=true&db=f5h&AN=131144575&site=ehost-live>
   (Larson, R. (2018). Neutralized: Big Tech’s Retreat from Net Neutrality.
   Dollars & Sense, (337), 9. Retrieved from EbscoHost.)
   - California sued by DOJ after governor signs 'model' net neutrality bill
   <https://proxy.oplin.org:2111/login.aspx?direct=true&db=nfh&AN=2W62993942299&site=ehost-live>
    (Sumagaysay, L. (2018, October 1). California sued by DOJ after
   governor signs “model” net neutrality bill. San Jose Mercury News (CA).
   Retrieved from EbscoHost.)

------------------------------
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