Friday, January 28, 2022

PRESS RELEASE: Ninth Circuit Panel Decision Affirming the District Court’s Denial of a Preliminary Injunction to Enjoin California’s Net Neutrality Law

 


The following statement should be attributed to Free State Foundation President Randolph May:

“Like a lot of Ninth Circuit decisions, it is arguable that the court got the law wrong regarding whether California's net neutrality law is preempted. Given the inherently interstate nature of today’s tightly integrated broadband Internet networks, there’s a good chance that other circuits might reach a different conclusion regarding preemption. But the risks of Internet service providers being subjected to a legacy common carrier regulatory regime established initially to regulate railroads in the 19th century and then Ma Bell last century, and a patchwork of varying state regulatory regimes with different mandates, should prompt Congress to resolve the decades-old net neutrality controversy by adopting a new law that prevents consumer harm while recognizing the technologically dynamic nature of today’s Internet ecosystem."