California’s Senate Misfires on Network Neutrality, Ignores Viable Options

The California Senate approved legislation that would require Internet service providers (ISPs) in California to follow the now-repealed 2015 Open Internet Order. While well-intentioned, the legislators sadly chose an approach that is vulnerable to legal attack. 

States are constrained because federal policy can override, or “pre-empt,” state regulation in many circumstances. State law that doesn’t take this into account can be invalidated by the federal law. It’s a waste to pass a bill that is vulnerable to legal challenge by ISPs when strong alternatives are available. In a letter to the California Senate, EFF provided legal analysis explaining how the state can promote network neutrality in a legally sustainable way. Unfortunately, SB 460, the legislation approved by the California Senate, is lacking many of the things EFF’s letter addressed.