California Internet Consumer Protection and Net Neutrality Act of 2018

Within hours, the United States Department of Justice responded by suing the state of California, claiming that states have no jurisdiction over the Internet.{{Cite web|url=https://www.theguardian.com/technology/2018/oct/01/us-justice-department-sues-california-to-over-new-net-neutrality-law|title=US justice department sues California over new net neutrality law|date=September 30, 2018|website=The Guardian|language=en|access-date=October 1, 2018}} California has said that they will fight the suit.{{Cite news|url=https://www.mercurynews.com/2018/09/30/california-governor-signs-model-net-neutrality-bill/|title=California sued by DOJ after governor signs 'model' net neutrality bill|last=Sumagaysay|first=Levi|date=September 30, 2018|work=The Mercury News|access-date=October 1, 2018|language=en-US}} A separate lawsuit from four lobbying groups that represent the major United States terrestrial and mobile communication carriers, United States Telecom Association, CTIA, NCTA and the American Cable Association, also sued the state of California for similar reasons as the Justice Department, claiming that the state does not have authority to regulate Internet providers.{{cite web | url = https://www.theverge.com/2018/10/3/17933804/net-neutrality-california-bill-broadband-isp-sb822 | title= Broadband industry groups sue California over net neutrality bill | first = Makena | last = Kelly | date = October 3, 2018 | access-date = October 3, 2018 | work = The Verge }}

The cases were put on hold during litigation of Mozilla v. FCC, a multi-party suit which challenged the 2017 FCC order that had reclassified ISPs as Title I information services under the Communications Act of 1934 and rolled back net neutrality provisions; this same order had denied that states had authority to override the FCC's rules related to net neutrality.{{cite web | url = https://www.theverge.com/2018/10/26/18029226/net-neutrality-fcc-california-law-ajit-pai-scott-wiener | title = California strikes deal with FCC to delay state net neutrality law | first = Makena | last = Kelly | date = October 26, 2018 | access-date = October 26, 2018 | work = The Verge }} Mozilla v. FCC was decided in October 2019, upholding most of the FCC's new rules but did find that the FCC did not have power to restrict state and local governments from setting their own net neutrality provisions.{{cite web | url = https://www.theverge.com/2019/10/4/20898779/fcc-net-neutrality-court-of-appeals-decision-ruling | title = The Court Allowed The FCC To Kill Net Neutrality Because Washing Machines Can't Make Phone Calls | first= Nilay | last = Patel | date = October 4, 2019 | accessdate = October 4, 2019 | work = The Verge }}

Both the DOJ and the industry's suit against California over the law was restarted in August 2020 following the conclusion of the Mozilla case.{{cite web | url = https://www.reuters.com/article/us-usa-internet-idUSKCN2512WM | title = U.S. Justice Department asks court to block California net neutrality law | first = David | last = Shepardson | date = August 6, 2020 | access-date = August 6, 2020 | publisher = Reuters }} With the election of Joe Biden as president in January 2021 and the indication that the FCC would likely change its rules to be favorable of net neutrality, the DOJ dropped its suit against California.{{cite web | url = https://variety.com/2021/digital/news/biden-net-neutrality-department-of-justice-1234903450/ | title = Biden's Justice Department Drops Legal Challenge to California Net Neutrality Law | first = Gene | last = Maddaus | date = February 8, 2021 | access-date = February 8, 2021 | work= Variety }} On February 23, 2021, Federal Judge John Mendez of the U.S. District Court for the Eastern District of California denied a motion for a preliminary injunction from the telecom lobbying groups, allowing the law to go into effect.{{Cite news|url=https://www.nytimes.com/2021/02/23/technology/california-net-neutrality.html|title=California Wins Court Victory for Its Net Neutrality Law}} Ninth Circuit ruled unanimously in January 2022 that California's net neutrality law may continue to be enforced and cannot be overridden by the FCC as, current as of the decision, Internet services were classified as information services.{{Cite web |last=Lyons |first=Kim |date=2022-01-28 |title=Appeals court upholds California's net neutrality law |url=https://www.theverge.com/2022/1/28/22906856/court-upholds-california-net-neutrality-law |access-date=2022-05-05 |website=The Verge |language=en}}

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• [http://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=201720180SB822 Full text of the Act] via the California State Legislature.

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Internet Consumer Protection and Net Neutrality Act of 2018

Internet Consumer Protection and Net Neutrality Act of 2018

Category:Net neutrality in the United States