The DOJ is asking a federal judge to overturn California’s net neutrality law, arguing that federal law should take precedence.
The FCC voted to undo Obama-era net neutrality laws, a move that was challenged in court. Although the appeals court upheld the FCC’s right to repeal the law, it did hand a victory to proponents of net neutrality. The FCC had ruled that states had no right to implement their own versions of the law. The U.S. Court of Appeals for the D.C. Circuit, however, ruled that the FCC could not stop individual states from implementing net neutrality on a state level.
Despite that ruling, it appears the DOJ is still fighting to prevent states from implementing their own laws, specifically targeting California. Following the appeals court ruling, California implemented its own rules, very similar to the rules the FCC overturned. California’s law has been welcomed and supported by tech companies and consumer groups alike.
Reuters is reporting the DOJ “is seeking a preliminary injunction to block California from being able to enforce its law.” The DOJ evidently believes the federal law preempts California’s, despite the appeals court specifically ruling to the contrary.
Needless to say, whichever way the court rules on this latest challenge will have profound repercussions.