California Agrees to Delay Enforcement of Net Neutrality Law

The State of California has just agreed to delay the enforcement of S. B. 822, also known as the California Internet Consumer Protection and Net Neutrality Act of 2018, until litigation is decided regarding whether the FCC can preempt state net neutrality laws is decided by the US Court of Appeals for the District of Columbia Circuit.  Attached is a copy of the stipulation and agreement filed in the US District Court for the Eastern District of California.  As Ars Techica reported, California has agreed to refrain from enforcement of the law until after the US Court of Appeals case has been decided and any appeals have been exhausted.

As the Washington Post reports, the outcome of the case before the D.C. Circuit could result in the rejection of the FCC’s 2017 rule change, which then would mean that S.B. 822 would become redundant.  However, both the Washington Post and Fortune are reporting that the D.C. Circuit could rule on the issue of preemption as well, which could potential impact S. B. 822 and other similar state laws.

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Kristie Prinz