• ISPs lose latest California net neutrality challenge

    From Michael Trew@21:1/5 to All on Fri Feb 4 11:00:42 2022
    More states could act after ISPs lose latest California net neutrality challenge

    The U.S. Ninth Circuit Court of Appeals dealt ISP groups a blow, as a three-judge panel upheld the state of California's right to implement
    its own net neutrality rules. Analysts at New Street Research tipped
    the decision to prompt more state action on the issue.

    At the heart of the case is a 2018 law that the state passed to codify
    net neutrality regulations after the Federal Communications Commission
    (FCC) repealed its own open internet rules in late 2017. The
    California law was promptly challenged in separate lawsuits by
    industry groups and the Department of Justice. The latter withdrew its
    case in February 2021. A district court judge ruled against the ISP
    groups that same month, prompting them to appeal to the Ninth Circuit.

    The industry groups had argued that California's law was superseded by
    federal regulations from the FCC. But the Ninth Circuit judges
    determined that by classifying broadband internet services as
    information services in the repeal order, the FCC forfeited "the
    authority to regulate in the same manner that it did when these
    services were classified as telecommunications services." Thus, the
    FCC "could not preempt state action, like SB-822, that protects net neutrality."

    https://www.fiercetelecom.com/telecom/more-states-could-act-after-isps-lose-latest-california-net-neutrality-challenge

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