Net Neutrality Bill: California's Law And When It's Effective

The California Internet Consumer Protection and Net Neutrality Act of 2018 was signed into law on September 30, 2018, by Governor Jerry Brown. The Act, also known as Senate Bill 822, is designed to protect net neutrality by prohibiting internet service providers from engaging in specified actions concerning the treatment of Internet traffic. The Act prevents ISPs from blocking or throttling traffic, receiving payments for zero-rating, or offering paid fast lanes, among other practices. Despite legal challenges from the federal government and industry groups, the law has been upheld by the 9th U.S. Circuit Court of Appeals, and California's net neutrality law remains in effect as of May 2022.

The California Internet Consumer Protection and Net Neutrality Act of 2018

The act prevents ISPs from blocking or slowing lawful traffic, receiving payments from edge providers, getting paid for zero-rating, preventing users from using their own devices, and not being transparent about network management practices, performance, and commercial terms. It also prohibits fixed and mobile ISPs from offering or providing services other than broadband internet access services that are delivered over the same last-mile connection as the broadband service, if those services have the purpose or effect of evading the above-mentioned prohibitions or negatively affect the performance of the broadband service.

The act has been praised as the "gold standard" of net neutrality laws and represents a significant victory for Californians who believe in a free and open internet. However, within hours of the bill being signed into law, the United States Department of Justice (DOJ) responded by suing the state of California, arguing that states do not have jurisdiction over the internet. This lawsuit was later dropped by the DOJ in 2021 following the election of President Joe Biden, who indicated that the Federal Communications Commission (FCC) would likely change its rules to favour net neutrality.

In May 2022, associations representing major ISPs, including AT&T Inc, Verizon Communications, and Comcast Corp, dismissed their 2018 legal challenge against the act. The 9th U.S. Circuit Court of Appeals had refused to reconsider a ruling upholding the 2018 state law, securing a free and open internet for California's 40 million residents.

The bill was signed into law on September 30, 2018

The California Internet Consumer Protection and Net Neutrality Act of 2018 was signed into law on September 30, 2018, by Governor Jerry Brown. The Act is designed to protect net neutrality by preventing internet service providers from engaging in specified actions concerning the treatment of Internet traffic.

The Act prohibits fixed and mobile Internet service providers from blocking lawful content, applications, services, or non-harmful devices. It also prohibits impairing or degrading lawful Internet traffic on the basis of Internet content, application, or service, or the use of a non-harmful device. In addition, the Act prohibits Internet service providers from receiving payment from an edge provider (e.g. website, website host, content provider) and from offering or providing services other than broadband Internet access service that are delivered over the same last-mile connection as the broadband service.

The Act has been praised as the "gold standard" of net neutrality laws and represents a significant victory for Californians who believe in a free and open Internet. Despite facing legal challenges from the federal government and industry groups, the Act has been upheld by the courts and remains in effect today.

The bill prevents internet service providers from blocking or throttling traffic

The California Internet Consumer Protection and Net Neutrality Act of 2018 was signed into law on September 30, 2018. The act, also known as SB-822, was designed to uphold net neutrality by preventing internet service providers (ISPs) from engaging in specific actions concerning the treatment of internet traffic.

One of the key provisions of the bill is its prohibition of blocking or throttling lawful internet traffic. Throttling refers to the practice of intentionally limiting the communication speed of incoming and outgoing data to certain websites, platforms, or the entire internet. By restricting the data transfer, upload, and download speeds, throttling makes it difficult for users to access certain websites or online content, effectively deterring them from using those services. This practice can be used to shape user behavior and herd people into desired mindsets or actions.

The California Net Neutrality Act prevents ISPs from blocking or throttling lawful content, applications, services, or non-harmful devices, subject to reasonable network management. This means that ISPs cannot arbitrarily slow down or restrict access to websites, online services, or content that complies with the law. The bill ensures that ISPs treat all lawful internet traffic equally and do not discriminate against any particular source, destination, content, application, service, or device.

Additionally, the bill prohibits ISPs from engaging in paid prioritization, also known as "fast lanes." This means that ISPs cannot favor some lawful internet traffic over others in exchange for monetary or other forms of consideration. The bill also bans ISPs from prioritizing content and services of their own affiliated businesses.

By preventing ISPs from blocking, throttling, or prioritizing internet traffic, the California Net Neutrality Act ensures that all lawful content, applications, and services have an equal opportunity to reach users, promoting a free and open internet.

The bill was challenged in court by the US Department of Justice

The California Internet Consumer Protection and Net Neutrality Act of 2018 was signed into law on September 30, 2018. The Act prevents internet service providers from blocking or throttling traffic, or offering paid fast lanes.

> "Under the Constitution, states do not regulate interstate commerce—the federal government does. Once again, the California legislature has enacted an extreme and illegal state law attempting to frustrate federal policy. The Justice Department should not have to spend valuable time and resources to file this suit today, but we have a duty to defend the prerogatives of the federal government and protect our Constitutional order. We will do so with vigor. We are confident that we will prevail in this case—because the facts are on our side."

The Justice Department's challenge was withdrawn in February 2021, just days after Joe Biden took office. The withdrawal was praised by Acting FCC Chairwoman Jessica Rosenworcel, who said:

> "When the FCC, over my objection, rolled back its net neutrality policies, states like California sought to fill the void with their own laws. By taking this step, Washington is listening to the American people, who overwhelmingly support an open internet, and is charting a course to once again make net neutrality the law of the land."

The bill was upheld by the 9th US Circuit Court of Appeals

The California Internet Consumer Protection and Net Neutrality Act of 2018 was signed into law on September 30, 2018, by Governor Jerry Brown. The Act, also known as Senate Bill 822, is designed to protect net neutrality by preventing internet service providers from engaging in specified actions concerning the treatment of Internet traffic.

Within hours of the bill being signed, the United States Department of Justice responded by suing the state of California, claiming that states have no jurisdiction over the Internet. The DOJ and FCC filed their lawsuit to block the implementation of the Act, which guarantees strong net neutrality protections for citizens of California.

The 9th U.S. Circuit Court of Appeals upheld the state law in January 2022, allowing California's net neutrality law to continue to be enforced. The court's decision ruled that the FCC's measures did not preempt states from separately taking action to enforce net neutrality. This decision was a victory for California Attorney General Rob Bonta, who had fought for years to ensure that internet service providers could not interfere with or limit what Californians do online.

The 9th Circuit Court of Appeals' ruling was significant because it affirmed the state's authority to regulate internet service providers and protect consumers from anti-competitive practices. The decision also had national implications, as California's net neutrality law is considered the gold standard by consumer advocates. The ruling sent a strong message that net neutrality is an important principle that must be upheld to protect a free and open internet.

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