The new law prohibits internet providers from blocking or slowing data based on content or from favoring websites or video streams from companies that pay extra. -Evan Greer, Fight for the FutureEvan Greer, deputy director of Fight for the Future, was among those championing the tireless work of activists, organizers, and regular citizens who pushed the bill in California and have been working to restore net neutrality protections nationwide since FCC chairman Ajit Pai, a former Verizon lobbyist and appointed by President Donald Trump, led the effort to destroy them on behalf of the telecom industry past year.
The Justice Department nearly immediately filed its lawsuit, arguing Senate Bill 822 interferes with the federal government's deregulatory approach to the internet, according to a statement.
The Trump administration's net neutrality repeal was a win for providers like Comcast Corp, AT&T Inc and Verizon Communications Inc, but it was opposed by internet companies like Facebook Inc, Amazon.com Inc and Alphabet Inc.
The net neutrality protections proposed under Senate Bill 822 by state Sen.
"Courts have consistently held that when the federal government lacks authority to regulate, it can not preempt states from regulating", said Andrew Schwartzman, a lecturer in public interest law at Georgetown University.
USTelecom, a telecommunications trade group, said California writing its own rules will create problems.
The government said that California sought to "second-guess" the federal government and warned "the effect of this state legislation would be to nullify federal law across the country".
Tech leaders should be on the lookout for a shift of regulatory power.
The U.S. Court of Appeals for the Eighth Circuit appeared to rule on the preemption issue last month, when it held that the FCC's change of heart on net neutrality prevented Minnesota officials from regulating voice-over-IP services in the state.
"Under the Constitution, states do not regulate interstate commerce-the federal government does". He doubled down on calling California's net neutrality regulation illegal, adding that "it also hurts consumers".
"California should focus on ensuring that its [attorney general] can deploy that existing authority effectively, rather than wasting everyone's time on a lawsuit the state is sure to lose", Szóka said. Of course, US carriers were not celebrating.