California's 2018 net neutrality law, SB 822, can go into effect after a California judge declined to grant the telecom industry a preliminary injunction
It survived challenges from Trump's DOJ, and now one from telecom industry too — Net neutrality died a horrible death in 2017 …
The VergeSean Hollister
Context & Ripple Effects
California signed SB 822 in 2018, then agreed with the DOJ to delay enforcement under a legal standstill while challenges to the federal repeal played out. After the FCC's claimed preemption of state laws was overturned, the DOJ renewed its effort to block California's law; the injunction denial turns that long-running dispute from a frozen statute into an enforceable state policy.
First-order effects
California can enforce SB 822 after the telecom industry's request for a preliminary injunction failed, while the industry loses its immediate means of keeping the law inactive.
Telecom providers operating in California must now account for SB 822 rather than treating the federal rollback as a shield from the state's rules.
California gains practical leverage in the federal-state policy dispute because enforcement, rather than a signed-but-suspended law, becomes the operating condition for providers.
If that legal approach holds, federal deregulation need not produce a single national baseline: state enforcement and court decisions can determine which protections providers must observe in major jurisdictions.
The trend: Net-neutrality policy is shifting from a federal-rulemaking fight toward state-led enforcement tested through challenges to federal preemption.
MAJOR WIN FOR NET NEUTRALITY! The federal court just rejected the effort by telecom & cable companies to block enforcement of the net neutrality law I authored, #SB822! The court ruled that California has the authority to protect net neutrality. SB 822 can now be enforced!
When the FCC, over my objection, rolled back its #netneutrality policies, states like California sought to fill the void with their own laws. Tonight a court in California decided that the state law can go into effect. This is big news for #openinternet policy.
Judge addresses what he says is “elephant” in case: “There are political overtones... This decision today is a legal decision and shouldn't be viewed in political lens. I'm not expressing anything on soundness of policy. That's better left to Congress.”
SB 822 is the strongest net neutrality law in the nation. We worked incredibly hard to pass this law, overcoming massive corporate opposition. California can now fully protect an open internet.
As for the public interest, during the hearing, the judge took a lesson from the Texas winter storms this month. “The government decided to back off on the energy companies... It didn't serve the public well.”
“California can finally enforce its landmark net neutrality law, judge rules. It survived challenges from Trump's DOJ, and now one from telecom industry too.” https://www.theverge.com/...
American consumers deserve #netneutrality protections. Today's decision clearly affirms the states' authority to step in where the majority of the last @FCC dropped the ball. I look forward to working with policy makers at all levels of government on this critical issue. https://…