California Gov. Jerry Brown recently signed a bill prohibiting internet service providers like AT&T and Comcast from blocking or slowing down content or apps or charging apps fees for faster access to customers.
The Department of Justice filed a lawsuit against California arguing that under the Constitution, the federal government is responsible for regulating interstate commerce, and the California net neutrality law is illegal because states do not regulate interstate commerce.
Federal Communications Commission chairman Ajit Pai said, “Broadband is an interstate service; Internet traffic doesn’t recognize state lines.”The FCC says broadband service cross state lines and have the power to preempt any state net neutrality law.
“State-by-state regulation in this area is insufficient and unworkable because the internet is a global network of networks that enables consumers to access and use information, content and services without regard to state, and even national, boundaries,” Joan Marsh, AT&T executive vice president of regulatory and state external affairs said in a statement. “Accordingly, we support the Justice Department’s lawsuit to preempt the California statute.”
It is time for Congress to enact federal laws that provide framework for net neutrality rules so that more states don’t pass conflicting legislation causing even more lawsuits. The law will likely have to survive this court case in order to go into effect.
The intent of the statute was in good faith, as they would restore Obama-era net neutrality rules that protect consumers. If the lawsuit is thrown out, the law will meet its goal of ensuring all California broadband customers with equal access to content on the internet.
But, if Congress could pass legislation regulating net neutrality, California wouldn’t have to pass its own laws. It’s imperative Congress step up and resolve this issue once and for all.
The adoption of state laws will put pressure on Congress to do something about net neutrality. Earlier this year, the Senate passed legislation that would restore the FCC’s Obama-era rules, but the House has yet to schedule a vote on the issue.
If the House would do its job and at least vote on the issue, this problem would get resolved much quicker and without more lawsuits. I am a firm believer in net neutrality and believe everyone should receive equal access to content on the internet. California’s law is a step in the right direction for net neutrality, but it doesn’t solve the problem as a whole. Only Congress can solve this issue.
The internet is a nationwide marketplace that serves the whole country, and should be regulated by sweeping federal legislation, not individual state laws that interfere with federal law.
Max Nedanovich is a 21-year-old mass communication junior from Mandeville, Louisiana.
