California rules of internet neutrality are subject to a legal test

With the Justice Department acting quickly to block California's new net neutrality rules, a legal battle threatens the limits of state power and federal power under the Constitution.

The ministry filed a lawsuit a few minutes after Governor Jerry Brown signed a bill on Sunday reinstating the Internet protections put in place in 2015 under the Obama administration and overturned by the Federal Communications Commission in December. . The question now is whether the courts will find that California has the power to regulate the use of the Internet in that state.

SB822, backed by state senator Scott Wiener, of San Francisco, sought to reinstate bans against Internet service providers that grant special treatment to certain websites or apps.

"Under the Constitution, states do not regulate interstate commerce, unlike the federal government," Attorney General Jeff Sessions said in a statement announcing the lawsuit. "Once again, the California legislature has enacted an extreme and illegal state law aimed at thwarting federal policy."

The Administration's complaint against California cited the 1996 Telecommunications Act, which set out a policy to preserve a "dynamic and competitive free market" for Internet services "unimpeded by federal or state regulation".

California Attorney General Xavier Becerra, who has been named in the complaint with Governor Brown, said that the state "will not allow a handful of powerful brokers to dictate sources of information or information. the speed of loading websites ".

Legal experts have stated that California law would depend on the interpretation of the trade-related Constitution clause, which reserved to Congress the right to "regulate trade … between different states".

Steven Andres, a professor at the State University of San Diego, said the Internet was generally classified in interstate commerce and was therefore subject to federal regulation.

"I think the California bill has a strong legal foundation," said Barbara van Schewick, a law professor at Stanford.

By removing the 2015 rules on internet neutrality, she said, the Federal Communications Commission said it should not have the power to impose such restrictions. Internet service providers.

"If the FCC is not empowered to adopt network neutrality rules, it can not prevent states from adopting their own network neutrality rules," van Schewick said.

In its December order, the Communications Commission proposed to reserve the application of deceptive or unfair Internet practices to the Federal Trade Commission, which no doubt ensured the supervision of Internet service providers in the federal sphere.

But the trade commission lacks regulatory authority and responds mainly to complaints, said Ryan Singel, Stanford Law researcher.

These and other arguments will likely be reviewed by a court soon.

In addition to the Justice Department's decision to block California rules, the Federal Communications Commission's December order faces its own legal challenge. More than 20 state attorneys general as well as public interest groups and private companies have filed suit against the Federal Communications Commission. The arguments in this case must begin on February 1 st.

Bloomberg News contributed to this report.