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California's long-awaited Internet neutrality rules, which were passed last month, are in the process of being implemented. its own rules at the federal level are resolved. This is unfortunate, but logical: if the FCC rules are rescinded or changed, the need and legality of the California rules will also be affected.
As you may recall, the FCC repealed the 2015 Network Neutrality Rules at the end of 2015 and put in place a much weaker new bundle that places broadband providers on the principle of honor in blind processing of your data in transit.
California has responded by writing its own law establishing similar (and in some respects broader) consumer protections. FCC President Ajit Pai, who led the federal effort to overthrow the old rules, was not amused; He called the California rules "radical", "anti-consumer", "illegal" and "heavy".
It was not surprising then that just hours after California Governor Jerry Brown passed the bill, the FCC brought a lawsuit.
But the FCC faces a unique challenge: dozens of Internet rights companies, including Mozilla, Vimeo, Public Knowledge, Etsy, and others, who cite all kinds of procedural and done with the new federal rules.
If this action succeeds and the FCC's new rules on internet neutrality are rescinded or substantially modified (for example, the court may find that a particular section is illegal or unenforceable), that could the lawsuit brought by the agency against California. Yes, it's a bit confusing and that's why State Attorney General Xavier Becerra decided it might be better to wait and not to sue a lawsuit that could be brought in a few months.
Senator Scott Wiener (D-CA) explained in a statement that he regretted but understood the need for this measure.
"Of course, I sincerely hope that California's law on Internet neutrality comes into effect immediately, in order to protect Internet access," he said. "However, I also understand and support the reasons given by the Attorney General for allowing the appeal of the DC Circuit to be resolved before we move to defend our Net Neutrality Act in court. Once the appeal of the DC circuit has been resolved, the dispute over the California law of neutrality of the Internet will be continued. "
Ajit Pai also issued a statement on the subject, saying he is delighted that California is suspending the implementation of "its heavy Internet regulations".
"This substantial concession reflects the strength of the case presented by the United States earlier this month," he said. "It also shows, contrary to the assertions of supporters of the law, that there is no urgent problem to be addressed by these regulations."
Although the reason for this delay is understandable, it is unfortunate that California residents will have to wait months or longer to benefit from the protections they have offered during the handling of this case. I have requested more information from the Office of the Prosecutor and will update it as soon as I have heard from him.
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