The California case resumed in the summer of 2020, and had its first hearing in federal district court in February 2021. That court narrowly upheld the FCC’s repeal of net neutrality, but said that the FCC lacked authority to issue a blanket ban on states passing their own protections. The law went into effect on January 1, 2019, but California agreed not to enforce the law until a challenge to the FCC’s repeal was heard in a D.C.
It remains the only state-level law in the country that restores all of the net neutrality protections that the FCC eliminated and is widely viewed as a model bill. When the FCC revoked net neutrality, it simultaneously claimed that it lacked any authority to create net neutrality protections even if it wanted to but that it had the authority to tell states they couldn’t create their own protections.Ĭalifornia’s net neutrality law (SB 822), authored by Senator Scott Weiner, passed in 2018 with bipartisan support despite fierce opposition from AT&T, Verizon and Comcast.
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The elimination of federal net neutrality upended two decades of FCC work by Democrats and Republicans to ensure an open and free internet free from meddling by the companies Americans pay to get online. They claimed that California had no right to create its own net neutrality protections after the FCC abolished all net neutrality protections in 2017.
The lawsuit, now known as ACA Connects vs Bonta, was filed by the Trump Administration and ISP trade associations shortly after the bill was signed into law in September 2018. On Wednesday, May 4 2022, the trade associations for the nation’s largest wireless, phone, and cable companies that were suing to overturn California’s 2018 net neutrality law agreed to voluntarily dismiss their lawsuit, following three consecutive losses in federal court.
Thanks to the law’s lead author, Senator Scott Wiener, who fought tenaciously on its behalf, California’s law restores all the crucial protections the Trump FCC abolished in 2017 and is a model bill for other states.” While California has been free to enforce its net neutrality law for over a year, today removes any doubt that the state has the right to protect its economy and democratic discourse from the whims of large phone and cable companies.Ĭalifornians are protected by the best state net neutrality law in the country. Thanks to the hard work of California’s Attorney General and the wide coalition that helped defend the law in court, the ISPs gave up instead of fighting this to the Supreme Court. When the FCC abandoned net neutrality in 2017, it lost the power to stop the states from stepping in to protect their residents. “Today is a historic win for Californians and the open internet.Īfter losing three times in federal court, the ISPs have finally realized that they can’t overturn California’s net neutrality law and that they should just stop trying.Īs I’ve said from the beginning, California’s net neutrality law is based on a solid legal foundation. Van Schewick testified at every hearing on the bill, and filed two amicus briefs on the key issues in the case. Statement from Professor Barbara van Schewick (professor of law at Stanford University and the director of Stanford Law School’s Center for Internet and Society). On Wednesday May 4 2020, the cable, phone, and wireless companies suing California over its historic net neutrality law withdrew their lawsuit after three consecutive losses in federal courts in California.
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