The Trump administration sues California against the law of net neutrality



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Governor of California Jerry Brown

The announcement comes immediately after California Democratic Governor Jerry Brown's decision to sign the bill. | Lukas Schulze / Getty Images

Justice Department suing California for blocking recently signed law that reinstates network neutrality rules that the Federal Communications Commission rejected last year, establishing a legal conflict between the Trump administration and the most populous state from the country.

The announcement comes immediately after California Democratic Governor Jerry Brown's decision to sign the bill. Brown had until Sunday midnight to approve the measure, which was passed by the state legislature in August.

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"The Department of Justice should not have to spend valuable time and resources to file this complaint today, but we have a duty to defend the prerogatives of the federal government and protect our constitutional order," he said. Attorney General Jeff Sessions. Sunday. "We will do it with vigor. We are convinced that we will prevail in this case because the facts are on our side. "

Consumer groups said the law offers the country's strongest Internet protections. But the telecommunications industry argued that the issue should be left to the federal government and called on Brown to veto the measure.

USTelecom, which represents companies like AT & T and Verizon, said Sunday that the California measure would "not contribute to the promise and potential of California's DNA, calling Congress a question once and for all."

The California bill has also been criticized by the FCC, which has decided to cancel Obama's Internet safeguards last year. President Ajit Pai declared it illegal, "radical" and "anti-consumer" during a speech last month.

On Sunday, Mr Pai praised the GM's action, saying that he "looks forward to working with my colleagues and the Justice Ministry to keep the Internet going." "free from any federal or state regulation," as required by engineers and contractors, and technologists, not lawyers and bureaucrats. "

California Attorney General Xavier Becerra quickly criticized the DOJ's action. Becerra has instituted a series of lawsuits against the Trump administration, notably challenging his actions in immigration policy. He has also taken legal action in several states to challenge the repeal of network neutrality by the FCC.

"While the Trump Administration continues to ignore the millions of Americans who strongly support the rules of net neutrality, California, which has many start-ups, technology giants and nearly 40 million consumers, will not allow to a handful of information or the speed at which websites are loading, "he said. "We remain deeply committed to the protection of freedom of expression, innovation and fairness."

While many states have enacted laws to prevent Internet service providers from slowing or choking traffic, California's efforts are distinguished by its size, size, and status as a company that opposes return from the FCC.

Supporters said they were not discouraged by the prospect of a court challenge.

"While the Trump administration is doing everything in its power to undermine our democracy, we in California will continue to do what is right for our residents," said Sen. Scott Wiener, one of the project's sponsors. law.

The law has remained true to the spirit of the Trump era in California: when the White House commits itself, the largest US state does the opposite.

While the administration fulfilled a campaign vow by cracking down on illegal immigration, California passed a so-called sanctuary law protecting immigrants from federal authorities. While the federal government has diluted or delayed the environmental rules of the Obama era, California has passed laws to block offshore oil drilling and draw all its electricity from clean sources. As soon as the FCC voted to dissolve federal net neutrality rules, the California authorities promised to adopt their own rules.

California's action contrasts with Republican-controlled Congress, where a resolution to cancel the FCC was passed by the Senate, but it is unlikely that it will erase the House.

Conscious of the win-win political problem, congressional Democrats highlighted the state's efforts to neutralize the Net. The House minority leader, Nancy Pelosi, had urged Brown to sign the bill and had predicted that it could give decisive leverage to federal lawmakers.

"Once California has become a model of state action, other states can follow and I think some American companies might say," OK, let's pass a federal law, because we do not want to have to do . different things in different states, "said Pelosi at a recent press conference in San Francisco.

In Sacramento, Internet service providers sought to thwart the bill by warning that the rules proposed by California would exceed the previous FCC standard, which would impede business and compromise California's status as a business. incubator of new technologies. Telecommunications companies and industry groups have spent more than $ 6 million lobbying in Sacramento in recent years.

"We have been and must continue to be the leader in promoting innovation, creativity and investment, not the state that boasts the most normative Internet regulation. and damaging Internet regulation of the country, or even the world, "said a lobbyist from the California Technology Industry Association. Stephen Carlson told lawmakers, warning that "alarmist speculation" will "curb, if not stifle, the next generation of digital innovation".

Despite these criticisms, the bill was finally passed with a comfortable margin. It garnered the support of labor unions, whose politically influential representatives presented an open Internet as an essential tool for workers to come together.

As the debate progressed toward a critical vote, a California fire chief said Verizon had strangled his department's data, hampering his efforts to cope with a catastrophic wildfire. While Verizon quickly criticized a customer service unrelated to net neutrality issues, the episode offered lawmakers and advocates a warning about the risks of restricting Internet use.

Becerra warned that "free access to online content without interference or manipulation from suppliers" can "make the difference between life and death".

The two California Democrat Senators, Kamala Harris and Dianne Feinstein, have expressed "concern" over the incident in letters to the FCC and major ISPs, demanding more information and urging telecom giants to ensure that first responders are not subject to data limitations or restrictions. .

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