DOJ Drops Ridiculous Trump-Era Lawsuit Against California For Passing Net Neutrality Rules

from the round-and-round-we-go dept

After the Trump FCC effectively neutered itself at telecom lobbyist behest, numerous states jumped in to fill the consumer protection void. California, for example, passed some net neutrality rules in 2018 that largely mirrored the FCC's discarded consumer protections. There's a strange contingent of folks who try to claim that because the internet didn't immediately explode in a rainbow of fireworks, the net neutrality repeal must not have been a big deal. But a major reason why ISPs didn't behave worse (than they already are) is because they didn't want to violate new state laws.

That said, they did yeoman's work to try and thwart these state efforts too. Including convincing Billy Barr's DOJ to file suit against California to prevent the popular bill from ever becoming law. You know, "states rights!" and all that.

The DOJ's central argument was that California's attempt to protect consumers was somehow "anti-consumer" and "extreme" (it was neither). The suit leaned on language the FCC included in its repeal (at industry behest) claiming that states couldn't step in and protect consumers in the wake of federal apathy. The courts so far haven't looked too kindly upon that logic, arguing that the FCC can't abdicate its authority over telecom consumer protection, then try to lean on that non-existent authority to try to tell states what to do.

This week the DOJ's ham-fisted effort to curry favor with US telecom monopolies fell apart completely when the Biden DOJ quietly pulled out of the lawsuit. It was a move quickly applauded by new FCC Commissioner Jessica Rosenworcel:

Keep in mind California's law went a little beyond the FCC's original rules, tackling stuff like zero rating that the Wheeler FCC didn't realize was anti-competitive until it was too late. Still, by international standards (India, Japan, Canada, elsewhere) both sets of rules were pretty modest, compared to the telecom industry's talking point that some basic guidelines for broadband monopolies (in the absence of meaningful competition) was "government run amok."

The DOJ retreat leaves a separate broadband industry lawsuit as the last remaining obstacle to the California law's passage, the next hearing for which occurs on February 23. But by the time this case makes its way through a full hearing, federal regulators will likely have restored the original federal rules. That, however, requires a 3-2 majority at the FCC, which can't happen until Biden appoints -- and Congress formally seats -- a third Democratic Commissioner and possible third boss.

That's weeks to months away, still. It's worth reiterating that the Ajit Pai net neutrality repeal didn't just kill net neutrality. It dismantled the agency's authority to hold ISPs accountable for things like billing fraud, leaving the FCC partially paralyzed during a pandemic that's showcasing how broadband is essential to education, health care, opportunity, and survival.

ISPs have worked pretty tirelessly just to get to this point. AT&T and Comcast engaged in all matter of dodgy gamesmanship and outright disinformation to first get the federal rules repealed despite massive public, bipartisan approval of the rules. They then convinced the FCC to include provisions in the repeal that tried to ban states from protecting consumers, while in California they engaged in some dodgy gamesmanship to prevent the law from even being voted on. At the same time, they were so politically powerful they got the US Department of Justice to file a bullshit lawsuit trying to pretend California's law was "anti-consumer."

All to derail something the public broadly supported across party lines. Really pause for a second to stop and think about the level of regulatory capture and corruption required to accomplish all of that.

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Filed Under: ajit pai, california, doj, fcc, net neutrality, states rights


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  1. identicon
    David, 9 Feb 2021 @ 6:43am

    Better not.

    All to derail something the public broadly supported across party lines. Really pause for a second to stop and really think about the level of regulatory capture and corruption required to accomplish all of that.

    Now is a really bad time for storming the Capitol with an enraged mob. Particularly since the FCC might turn around anyway after getting kicked in the ballot box.

    reply to this | link to this | view in thread ]

  2. identicon
    Anonymous Coward, 9 Feb 2021 @ 7:03am

    the Wheeler FCC didn't realize was competitive

    I think this should read anti-competitive.

    reply to this | link to this | view in thread ]

  3. icon
    Bloof (profile), 9 Feb 2021 @ 7:13am

    More proof if any were needed that the right wing cry of states rights is nothing but a means to try to let red states keep on abusing minorities. Blue states being able to create exemptions from the death of net neutrality would render the whole thing meaningless as they're where the money is, AT&T, Comcast and their ilk can't exactly charge more for red state broadband services when they refuse to provide them to many areas in the first place, or let others do so. You can't persuade people to pay more for a fast lane when all you're offering is a dirt track.

    reply to this | link to this | view in thread ]

  4. identicon
    Anonymous Coward, 9 Feb 2021 @ 7:43am

    Policy making authority [was Re: Better not.]

    Now is a really bad time for storming the Capitol with an enraged mob.

    Because the high-level policy making authority, has always been —not the FCC commissioners— —nor even the AG over at DoJ— but the Congress.

    From Karl's article above—

    Really pause for a second to stop and really think about the level of regulatory capture…

     

     

    I don't have a whole lot of nice things to say about either former-Chairman Pai, nor former-Attorney-General Barr. But it does no one any good to scapegoat them for everything.

    reply to this | link to this | view in thread ]

  5. icon
    Samuel Abram (profile), 9 Feb 2021 @ 8:17am

    Re:

    More proof if any were needed that the right wing cry of states rights is nothing but a means to try to let red states keep on abusing minorities.

    That has long been disproven, especially in 2005 when Terri Schiavo got federal intervention for no good reason (but if any good came out of it, a terrific South Park Episode as well as the public awareness of living wills and how necessary they are).

    reply to this | link to this | view in thread ]

  6. identicon
    Anonymous Coward, 9 Feb 2021 @ 8:28am

    Re: Re:

    A valid point, but let's not fool ourselves into thinking that states rights have not been used in nefarious ways nor that some very screwed up state policy was and still is in use.

    I have never met the person, but I am told that Noone is perfect.

    reply to this | link to this | view in thread ]

  7. This comment has been flagged by the community. Click here to show it
    identicon
    Isabella Di Fabio, 9 Feb 2021 @ 8:41am

    Great article

    Great article! :D

    reply to this | link to this | view in thread ]

  8. identicon
    dmntd, 9 Feb 2021 @ 9:07am

    duhhh

    Why does it feel that if it was across all party lines that their is zero representation? Hmmmmmmmmmmmm.

    reply to this | link to this | view in thread ]

  9. icon
    Samuel Abram (profile), 9 Feb 2021 @ 9:09am

    Re: duhhh

    The GOP representation (e.g. Ajit Pai) is not measured in constituents but in currency.

    reply to this | link to this | view in thread ]

  10. identicon
    bshock, 9 Feb 2021 @ 9:16am

    Some corporations need to be broken up. Others simply need to be terminated.

    reply to this | link to this | view in thread ]

  11. icon
    ECA (profile), 9 Feb 2021 @ 12:19pm

    Re:

    I like the idea of confusing the RED states into thinking this is Something it aint.
    The Blue states thinking they are doing the right thing.
    And still no one gets the problem, or fixes it.

    How much have we given away? Its funny tho, that most of the money has been in the millions, NOT trillions(to the ISP's). ITS not cheap to do that work, so Why not GET those specialty companies that LAY FIBEr to do it, and then the Gov. can setup their OWN SITES around the USA to monitor ALL of us, like they were in the old phone days.

    reply to this | link to this | view in thread ]

  12. identicon
    Anonymous Coward, 9 Feb 2021 @ 5:57pm

    Someone finally realized that Richard Bennett blowjobs are not an acceptable form of payment.

    reply to this | link to this | view in thread ]

  13. identicon
    David, 10 Feb 2021 @ 3:14am

    Re:

    You can't persuade people to pay more for a fast lane when all you're offering is a dirt track.

    I see you are a stranger to marketing and politics. How are you going to keep a customer paying when you hand them what they want?

    reply to this | link to this | view in thread ]


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