As soon as Governor Jerry Brown signed California’s tough net neutrality bill, the U.S. Justice Department filed suit to stop it, claiming the state doesn’t have the legal authority, but this Verge article points out: “… telecom industry legal experts say that when the FCC dismantled its own authority over broadband ISPs (by rolling back their classification of ISPs as Title II common carriers under the Telecom Act), it ironically killed any authority it might have had to tell states what to do.” Oh, the delicious irony.

Check It Out: The Feds Will Have a Tough Time Blocking California’s Net Neutrality Law

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  1. John Kheit

    So very not true. Feds will have no problem not just blocking but they can totally kill the California law. Federal law pre-empts state law. If the federal courts find this law violates federal law (and the FCC exists because a federal law made it so), then the law dies.

    The verge, a communist rag, conflates that defining an ISP as common carriers somehow changes it’s ability to mandate over the wire. Let me assure you, that ISPs non classification as common carrier will not save you from a federal wire tapping charge (under federal law) if you tap some internet lines. It’s borderline retarded analysis.

    There is a very good chance, if the FCC WANTS this to be pre-empted, it will be pre-empted. The question is doest the FCC want it?

    That said, I loathe Pai and he’s an idiot for killing net neutrality, but federal law on this is pretty clear IMO.

    • Lee Dronick

      Well with Federal law “Trumping” State law, marijuana is also not legal in California or in any other State. Anyway, both legal pot and net neutrality will probably both be settled in a real Court.

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