Posted on by Californiacontrarian

“Net Neutrality” . . . Federal or State ?

California’s version of “net neutrality” was just signed into law by Governor Jerry Brown. To be honest I do not understand the ins-and-outs of “net neutrality,” but from what I do understand, this new California law forbids internet service providers from blocking websites, intentionally slowing down a website or app or accepting payments to make online services go faster. When I first read this, I thought that it was a reasonable idea. It would protect consumers from the potentially unscrupulous internet service providers. “Three cheers for the little guy!”

However, in an attempt to understand this topic better, I did some research, as the background is always important.  In 2015 the FCC under Obama adopted similar regulations. However last year the FCC led by Trump’s choice, Amit Pai, undid these prior regulations.
Jeff Sessions, the U.S. Attorney General, said that the Federal Government, and not the states, should oversee the internet. Mr. Pai added, “The internet is inherently an interstate information service. As such only the federal government can set policy in this area.” In addition, Mr. Pai stated that in rolling back Obama-era rules, the FCC preempted any state rules. This, of course made no difference to the California politicians. The gauntlet was thrown down, and apparently nobody can dare to tell the Democratic California’s Legislature what to do!
After Governor Jerry Brown signed the bill, California’s Attorney General, Xavier Becerra predictably chimed in, “Today marks a true win for the internet and for an open society.”
After this California net-neutrality bill was signed into law, the Justice Department responded almost immediately with a lawsuit seeking to overturn the new California law. Again Xavier Becerra predictably whined something derogatory about President Trump, as he wanted to make sure that everyone was aware that he was “fighting” for the people of California, especially in view of his upcoming Senate election. (God help us! Can you imagine anything worse than having Becerra and Kamala Harris as your Senators?)
And so another chapter of the ongoing battle between California and the Trump administration. Even though I am tending to agree with California’s “net neutrality” position, the internet is clearly under the auspices of the federal government.
In the real world this is just another reason why the Democrats are attacking Judge
Brett Kavanaugh. This “net neutrality” lawsuit, as well as many other California-Trump lawsuits, will inevitably make its way to the Ninth Circuit Court, before going to the Supreme Court. As we all know the Ninth Circuit will rule on favor of California, and without a ninth Supreme Court Justice, it will be 4-4, and so the decision of the Ninth Circuit will stand! OMG!

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