Net neutrality died a horrific death in 2017, but things have just turned around: California’s scientific network neutrality law – enacted in 2018 but immediately blocked by lawsuits from Trump’s Department of Justice and the telecommunications industry – could finally be enforced.
This is the verdict of Judge John Mendez today, who did not want to give the telecommunications industry the provisional order he asked for. The case may not be over, but the law may come into force – and the judge does not think the telecommunications industry is likely to win.
According to MLEx journalist Mike Swift and The Hollywood Reportersee Eriq Gardner, who each followed the decision directly, Judge Mendez believes that it should tell Congress whether net neutrality should exist:
Mendez says it should be up to Congress, not federal courts # Net neutrality ‘If you have to deal with legislation passed in 2034 in 1934, I do not think anyone is being served well … That is the job of Congress. They need to keep up with what’s going on in the real world. ‘ https://t.co/4yceR9bbT4
– Mike Swift (@Swiftstories) 23 February 2021
Judge addresses what he says is’ elephant ‘in the case:’ There are political clues … This decision is a legal decision today and should not be viewed in a political perspective. I say nothing about sound policies. It was better left to Congress. ‘
– Eriq Gardner (@eriqgardner) 23 February 2021
The DOJ rejected its own California law lawsuit earlier this month, and the possible preliminary order from the telecommunications industry was the last thing that stood in the way.
Here is the acting chairman of the FCC’s thoughts on the matter:
When the FCC, over my objection, rolled it back #netneutrality policies, states like California wanted to fill the gap with their own laws. Tonight, a court in California ruled that the state law could come into force. This is great news for #openinternet policy.
– Jessica Rosenworcel (@JRosenworcel) 24 February 2021
Senator Scott Weiner, California, who wrote the bill, celebrate:
SB 822 is the strongest net neutrality law in the country. We worked incredibly hard to pass this law, and we overcame corporate opposition. California can now fully protect an open Internet.
– Senator Scott Wiener (@Scott_Wiener) 24 February 2021
And I, too, as a California resident who knows it’s lately to fix the internet.
Here is the full text of the 2018 California Internet Consumer Protection and Net Neutrality Act, also known as SB-822. It contains a list of things ISPs will not be able to do, including paid prioritization, favorable zero-rating content, so that it does not count with your data pack (think of the composite streaming services!), And if it fails to tell fast service is and how their network management practices and speeds really work.