Justice Department Sues to Stop California Net Neutrality Law
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Re: Justice Department Sues to Stop California Net Neutrality Law
#2So was this lawsuit prepared by a lobbyist’s law firm? How on earth would DoJ be ready this quickly?
Re: Justice Department Sues to Stop California Net Neutrality Law
#3So was this lawsuit prepared by a lobbyist’s law firm? How on earth would DoJ be ready this quickly?
Probably because the bill didn’t pop out of nowhere. There was debate over the bill in the legislature, news stories, etc.
Re: Justice Department Sues to Stop California Net Neutrality Law
#4Sorry if I get some basic understanding of the law wrong but...
Isn't this the same thing as regulating car emissions? Doesn't 822 only apply to providers in the state itself? Wouldn't it be that the telecoms are welcome to engage in another method of end-customer billing in other states?
What am I missing?
Re: Justice Department Sues to Stop California Net Neutrality Law
#5Sorry if I get some basic understanding of the law wrong but... Isn't this the same thing as regulating car emissions? Doesn't 822 only apply to providers in the state itself? Wouldn't it be that the telecoms are welcome to engage in another method of end-customer billing in other states? What am I missing?
The idea is that California's law conflicts with a federal rule, the one the FCC recently put into effect. The FCC says its authority preempts that of states on issues like broadband providers, which in a way provide interstate services, arguably making it a federal issue. That's far from settled however and this lawsuit will be a closely watched one.
Re: Justice Department Sues to Stop California Net Neutrality Law
#6Sorry if I get some basic understanding of the law wrong but... Isn't this the same thing as regulating car emissions? Doesn't 822 only apply to providers in the state itself? Wouldn't it be that the telecoms are welcome to engage in another method of end-customer billing in other states? What am I missing?
If the commerce clause covers a farmer growing his own wheat that he doesn’t sell, it covers internet regulation. The question is if the FCC is authorized by Congress to set the regulations nationwide for internet companies.
Re: Justice Department Sues to Stop California Net Neutrality Law
#7Sorry if I get some basic understanding of the law wrong but... Isn't this the same thing as regulating car emissions? Doesn't 822 only apply to providers in the state itself? Wouldn't it be that the telecoms are welcome to engage in another method of end-customer billing in other states? What am I missing?
> Isn't this the same thing as regulating car emissions?
My understanding is that federal law gives states the option of either following the EPA rules or the CARB rules.
Re: Justice Department Sues to Stop California Net Neutrality Law
#8Sorry if I get some basic understanding of the law wrong but... Isn't this the same thing as regulating car emissions? Doesn't 822 only apply to providers in the state itself? Wouldn't it be that the telecoms are welcome to engage in another method of end-customer billing in other states? What am I missing?
The idea is that California's law conflicts with a federal rule, the one the FCC recently put into effect. The FCC says its authority preempts that of states on issues like broadband providers, which in a way provide interstate services, arguably making it a federal issue. That's far from settled however and this lawsuit will be a closely watched one.
But I thought the whole idea was that the FCC is refusing to regulate the internet, because it's not their jurisdiction to do so? Wasn't that Pai's reasoning? I'm having trouble finding a source though so maybe my memory's off.
Re: Justice Department Sues to Stop California Net Neutrality Law
#9Sorry if I get some basic understanding of the law wrong but... Isn't this the same thing as regulating car emissions? Doesn't 822 only apply to providers in the state itself? Wouldn't it be that the telecoms are welcome to engage in another method of end-customer billing in other states? What am I missing?
If the commerce clause covers a farmer growing his own wheat that he doesn’t sell, it covers internet regulation. The question is if the FCC is authorized by Congress to set the regulations nationwide for internet companies.
[deleted]
Re: Justice Department Sues to Stop California Net Neutrality Law
#10So was this lawsuit prepared by a lobbyist’s law firm? How on earth would DoJ be ready this quickly?
Probably because the bill didn’t pop out of nowhere. There was debate over the bill in the legislature, news stories, etc.
Unfortunately this doesn’t exclude the premise above. I’m sure lobbyists are all over this.