Net neutrality breaks the web again as California restores internet equality rules.
California passed a law to reinstate net neutrality regulations Sept. 30 after the Federal Communications Commission (FCC) repealed similar net neutrality regulations back in December 2017. Unlike its predecessor, California’s new policy denounces zero-rate promotions, which allow internet service providers (ISPs) to offer free unlimited streaming to some consumers while charging others. The policy also prohibits ISPs from blocking content and charging consumers high rates for faster internet speeds. Although California’s rules have been criticized by the Department of Justice (DOJ) for being the strictest net neutrality protections in the country, the state has correctly addressed the net neutrality issue by taking a stand against the federal government.
Ironically, Attorney General Jeff Sessions has argued that states have no right to “frustrate federal law” when there is in fact no such federal law to frustrate because the FCC dismissed the problem entirely by merely repealing net neutrality regulations. California is not the only state that has issued net neutrality rules. In fact, California is the fourth state to restore the regulations, following Oregon, Washington and Vermont. Those states were not sued by the DOJ because their laws were more moderate compared to California’s; nevertheless the effort of multiple states to oppose the federal government’s policies is a progressive step towards reinstating national net neutrality laws. Attempting to silence California with a lawsuit, the federal government is unreasonably infringing states’ rights and belittling states’ opinions on net neutrality.
One major argument against California’s policies is that they violated the supremacy law, which allows federal authority to override that of the state. Sessions sided with the DOJ when he asserted that the FCC had the sole power over regulations imposed upon ISPs. However, California’s decision to pass net neutrality rules pertains to the state alone and is not meant to be directly enforced nationwide even though California senators hope to encourage the federal government to reinstate national net neutrality rules.
Consumers are also speaking out against the repeal of net neutrality rules. According to a study released days prior to the repeal of federal net neutrality laws by the University of Maryland, 83 percent of Americans were in favor of net neutrality and sided with consumer groups and small tech companies. Appallingly, the central government disregarded the interests of the majority and still revoked net neutrality. States should be allowed to oppose the federal government and reflect the requests of their respective populations.
California should be commended for taking the correct strategy of calling the issue to national attention. The federal government cannot simply disregard states’ calls for net neutrality.