Setting the Record Straight: Carriers Can Help Veterans and Comply with California’s Net Neutrality Law

Veterans across the country and in California shouldn’t have to worry they’ll go over their data caps by talking to their doctor or mental health provider online. In fact, no American or Californian should. But California’s net neutrality law is not the problem here. There are easy solutions that broadband providers could embrace that are far more effective at helping veterans and all Californians, while also complying with California’s net neutrality protections. Carriers could exempt all conversational video apps like Skype, Zoom and the Veterans Affairs’ telehealth app from people’s data caps. That way veterans, teachers, police officers, suicidal teens, retirees, people with low incomes and members of traditionally marginalized communities can all work, learn and get critical healthcare virtually. That kind of category-based zero-rating is allowed under California’s net neutrality law. This would also be better for veterans: Veterans could use the doctor or mental health provider of their choice, using whatever app they like or whatever app their health care provider uses.

The carriers had two years to work with the California AG’s Office to come up with a solution, but they did not. Instead, they waited those two years, scared the Veterans Affairs with phantoms of lost benefits, and then the Veterans Affairs’ communication got leaked to the press. That looks more like an industry using veterans as political pawns than one committed to ensuring Americans can get the life-saving online health services they need. Americans and veterans deserve better.

[Professor Barbara van Schewick is a professor of law at Stanford University and the director of Stanford Law School’s Center for Internet and Society.]