Network Neutrality

It’s been a tough fight, with one near-fatal stumble, but California’s assembly just passed what are undoubtedly the strictest protections for net neutrality in the country–if not the world. After what supporters hope will be a perfunctory re-vote in the state Senate, the bill will go to Gov Jerry Brown (D-CA), who has 30 days to sign or veto it.

State attorneys general (AGs), for better or worse, are increasingly important actors in tech policy. The internet is a greenfield regulatory opportunity, and in the tech policy realm, AGs are flexing their muscle on online privacy, net neutrality, and data security.

California moved to reinstate Obama-era open-internet rules, challenging Trump administration rollback efforts and setting the state on a path to have the strongest net-neutrality rules in the nation. The California bill would forbid internet service providers from blocking websites, intentionally slowing down a website or app, or accepting payments to make online services go faster.

Network neutrality activists are having a field day with the recent report that Verizon “throttled” the mobile data usage of the Santa Clara County Fire Prevention District (FPD). What really happened wasn’t a net neutrality issue: The FPD simply chose a data plan for their mobile command and control unit that was manifestly inappropriate for their needs. The FPD needed a lot of high-speed 4G mobile data — up to 300 GB/month when the device was deployed.

Sen Ed Markey (D-MA), Rep Anna Eshoo (D-CA), 27 senators, and 76 representatives filed an Amicus Brief with the DC Circuit Court of Appeals challenging the Federal Communication Commission’s December 2017 decision to eliminate network neutrality rules. The FCC’s decision repealed the 2015 Open Internet rules, which categorized broadband internet access as a telecommunications service and prohibited Internet Service Providers (ISPs) from engaging in discriminatory practices, such as blocking or throttling online content and establishing internet fast and slow lanes.   

Congress created the Federal Communications Commission in order to ensure we would have working communications infrastructure for, among other things, handling public safety. So you would think that when Verizon throttled the Santa Clara (CA) Fire Department’s mobile broadband connection for coordinating response to the Mendocino Complex Fire — the largest wildfire in California history — that the FCC would naturally be all over it.

A campaign to stop network neutrality rules in California is targeting senior citizens with robocalls claiming that the rules will raise cell phone bills by $30 a month and slow down their data. The robocalls cite no evidence supporting the claim that net neutrality rules will raise cell phone bills and slow down Internet service. The bill in question would impose net neutrality rules in California that are nearly identical to the ones the Federal Communications Commission had on the books between 2015 and 2018.

A coalition of trade groups representing companies including Alphabet, Facebook, and Amazon, urged a US appeals court to reinstate landmark “network neutrality” rules adopted in 2015 to guarantee an open internet. In a legal filing, the Internet Association, Entertainment Software Association, Computer & Communications Industry Association, and Writers Guild of America West urged the reversal of the Federal Communications Commission's decision under Chairman Ajit Pai to overturn the rules in December.

Network neutrality activists have gotten together to fight the nomination of Judge Brett Kavanaugh to the Supreme Court, saying he would put the wishes of big cable and big telecom over the interests of the public. Free Press, Public Knowledge, Fight for the Future, Demand Progress and 20 others have sent a letter to the Senate in opposition. His Senate nomination hearings--in the Judiciary Committee--are scheduled to begin Sept 4, although Democrats are trying to delay them, partly in hopes of regaining the Senate and blocking the nomination themselves. 

When the Federal Communications Commission voted in 2017 to roll back net neutrality protections, state Democratic leaders pledged to wage a fight with the Trump administration to preserve fair and open access to the internet in California. Now two bills facing final approval in the Assembly and Senate this week have become a proxy battle in the larger national fight to reshape the internet. The ambitious proposals would establish the strongest net neutrality rules in the nation, safeguards that advocates say would be stronger than those repealed by the FCC.