CALIFORNIA REAFFIRMS NET NEUTRALITY LAWS DESPITE FCC APPEAL

As technology use grows in the U.S., legislation is constantly being passed to maintain the web and uphold the rights and protections of Americans online. From this developed net neutrality, which is the principle that all traffic on the Internet should be treated equally without certain content being favored over others. According to Centre National d’Etudes des Telecommunications, net neutrality protections, which prevent broadband and wireless providers from slowing or blocking Internet traffic, were passed under former president Barack Obama in 2015 by former Federal Communications Commission (FCC) chairman Tom Wheeler. However, in June, those protections were repealed by current FCC chairman Ajit Pai, who argued that net neutrality deters innovation and depresses investment in building and expanding broadband networks, which are wide bandwidth data transmission that transport multiple signals and traffic types. According to the Los Angeles Times (LA Times), by removing these protections, Internet service providers (ISPs) can charge their patrons an Internet fee for delivering Internet services faster than competitors can, which can hurt startups and other newly established businesses.

Following the repeal, numerous legal challenges were issued by state attorneys general and public interest groups. According to National Public Radio, California’s senate approved Senate Bill 822 (SB822) on Aug. 31, and Gov. Jerry Brown signed the bill into law on Sept. 30. Although many states have passed or are in the process of passing bills to reestablish net neutrality, California’s SB822 enacts the strongest net neutrality protections in the nation according to the LA Times. The law is set to take effect on Jan. 1.

“I would rather have net neutrality [than not],” junior Junshik Ham said. “[The] Internet is a free, universal web that [is] shared amongst everyone, no matter what their socioeconomic status is, [and] net neutrality is essential for fair access [to] the Internet.”

According to Forbes, an hour after Brown signed SB 822 into law, the U.S. Department of Justice sued California to invalidate the bill. This was done in accordance with the Constitution’s Commerce Clause and specific statutes which give the FCC primary authority in Internet regulation and forbids a state from interfering with interstate commercial activity.

According to Democratic Sen. Scott Wiener, who proposed the California net neutrality law, this is not the first time the California legislature has enacted a state law against federal policy. In March, U.S. Attorney General Jeff Sessions sued California over its sanctuary laws on immigration, which shield immigrants from U.S. Immigration and Customs Enforcement, but federal courts upheld the legislation in July. Weiner expects that the same will happen in the net neutrality lawsuit.

It is still up for debate whether or not net neutrality has made a noticeable impact on an Internet user’s online experience. Sophomore Paulina Garmute feels that the sites she frequents have remained unaltered, nor has the content been disseminated slower, so she feels that the new law has yet to make a significant difference.

“I do not think this bill passed by Gov. Jerry Brown will change anything for me because I was not affected in the first place,” Garmute said. “[However], I do think it is important to have them in place, especially in a [technology oriented] state like California.”

AP Economics and AP U.S. Government and Politics teacher Len Lyberger believes that it is too early to determine the future of net neutrality protections.

“Since the federal government is granted the power to regulate interstate commerce, the state laws could be overturned,” Lyberger said. “[On the other hand], there is a chance that the U.S. Congress could pass a law restoring net neutrality nationally, which would need to be signed by the president, but that has not yet happened. The courts will [have to] decide.”