Federal judge allows California net neutrality law to take effect News
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Federal judge allows California net neutrality law to take effect

A judge for the US District Court for the Eastern District of California refused to grant a preliminary injunction on Tuesday, thereby allowing California’s net neutrality law to take effect.

The California Internet Consumer Protection and Net Neutrality Act was signed by the former California Governor Jerry Brown in September 2018. The Act sought to “prohibit fixed and mobile Internet service providers … that provide broadband Internet access service … from engaging in specified actions concerning the treatment of Internet traffic.” For example, the Act prohibited internet and broadband providers from blocking lawful content or impairing lawful internet traffic.

Various groups, including the American Cable Association, quickly sought an injunction against California’s Attorney General, claiming the Act unconstitutionally regulated interstate communications services. The groups argued that the 2018 Restoring Internet Freedom Order and the Communications Act of 1935, as amended, preempted the Act. In addition, they claimed the Act violated the dormant Commerce Clause of the US Constitution.

The US Department of Justice (DOJ) also challenged the Act, but the DOJ dropped its lawsuit earlier this month.

Thus, the court’s decision to deny the preliminary injunction will allow California’s net neutrality act to finally take effect.