Biden DOJ Drops Trump Suit Against Calif. Net Neutrality Law
California’s net neutrality law still faces industry challenge after DOJ notified (in Pacer) the U.S. District Court in the Eastern District of California Monday that it moved to voluntarily dismiss the case (see 2102080059). Judge John Mendez soon afterward dismissed (in Pacer) and closed case 2:18-cv-02660, but not USTelecom, ACA Connects and other industry associations’ separate suit in case 2:18-cv-02684 before the same judge. Democrats applauded DOJ's withdrawing.
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A hearing on industry plaintiffs’ motion for preliminary injunction is scheduled Feb. 23 at 1:30 p.m. President Joe Biden was expected to drop the DOJ suit brought under Donald Trump’s administration (see 2012020045). In its filing, Justice noted the court had ordered parties in USA v. California to file a status conference statement by Tuesday (see 2101150075). DOJ said that deadline is now “moot given its voluntary dismissal of this action.” The department declined to comment.
"This action affirms the importance of a free and open internet to maintain a competitive marketplace and a fair democracy," said state Attorney General Xavier Becerra (D) in a statement. "We will keep fighting in court to defend net neutrality for all Californians." The state had agreed not to enforce the law until 30 days after the court ruled on preliminary injunction requests.
Acting FCC Chairwoman Jessica Rosenworcel is "pleased" DOJ withdrew, said the Democrat who voted against rolling back federal open-internet rules. “States like California sought to fill the void with their own laws,” she said. “Washington is listening to the American people, who overwhelmingly support an open internet, and is charting a course to once again make net neutrality the law of the land.”
“This shift by DOJ is great news,” tweeted the California law’s author, state Sen. Scott Wiener (D). Wiener said he hopes DOJ will next file a brief supporting California's law. Rep. Anna Eshoo (D) tweeted she’s glad DOJ “fulfilled” her and other California members’ request to withdraw from the suit.
The industry complaint moves ahead alone, emailed CALInnovates Executive Director Mike Montgomery. “Not much should change, honestly, as this shouldn’t impact the substance of the challenge.” Telecom industry plaintiffs didn’t comment Monday.
Sen. Ed Markey, D-Mass., said during an Incompas event (see 2102080054) he “obviously” would like to see Congress “bring finality to the net neutrality issue.” He said the “ultimate lasting solution … has to be the right solution to protect online innovation and activism and maintain the internet as we know it.” Meantime, “we need to just quickly give authority over broadband back to” the FCC “and reinstate strong prohibitions on blocking, throttling, paid prioritization,” he said.
A short-term return to “strong, enforceable” net neutrality rules can happen either via the FCC rulemaking process or via the Save the Internet Act, Markey said. The measure, which he’s interested in refiling this year (see 2101290049), would bring back 2015 FCC rules and reclassification of broadband as a Communications Act Title II service. “We need net neutrality so that small businesses aren’t shoved into online slow lanes” and so ISPs are unable “to throttle access to certain websites,” Markey said. It would also ensure “powerful social media companies can't step on their competition by cutting deals with big broadband providers.”