DOJ drops challenge to California net neutrality law News
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DOJ drops challenge to California net neutrality law

The US Department of Justice (DOJ) filed a brief notice of dismissal Monday, dropping a lawsuit to block SB 822, California’s net neutrality law.

SB 822 was designed to restore the net neutrality protections afforded by the Open Internet Order, an Obama-era order that was repealed by the Federal Communications Commission (FCC) under former then-president Donald Trump in 2017. After the California bill was signed into law by former Governor Jerry Brown in 2018, the DOJ immediately filed suit. The complaint alleged that SB 822 “[sought] to second-guess the Federal Government’s regulatory approach [to the internet],” and argued that federal law preempted the state statute.

In a press release after the DOJ dropped the lawsuit, Acting FCC Chairperson Jessica Rosenworcel commented:

I am pleased that the Department of Justice has withdrawn this lawsuit. When the FCC, over my objection, rolled back its net neutrality policies, states like California sought to fill the void with their own laws. By taking this step, Washington is listening to the American people, who overwhelmingly support an open internet, and is charting a course to once again make net neutrality the law of the land.

Although the DOJ has dropped their lawsuit, California’s net neutrality law still faces legal challenges from the broadband industry.

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