Net Neutrality: Congress Should Step In

June 2, 2018

California has long been at the forefront of Internet innovation. Now California stands to be the leader in a different way, substituting litigation for innovation. If legislation pending in the California Senate that would impose state level network neutrality requirements passes, it will almost certainly be struck down by the courts. Net neutrality is an important principle — and it’s exclusively a federal issue. Current federal law prohibits state net neutrality regulation. Some state Attorneys General are suing to overturn the 2017 FCC order that overturned the 2015 order. Even if they succeed, California would still not be able to enact its own net neutrality regulation. Given the trans-border nature of the Internet where traffic originates in one state and traverses numerous others before arriving at a distant destination, there has long been consistent bipartisan agreement that a single national point of regulation is necessary.

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