California this week will attempt to pass what could be the toughest net neutrality rules in the nation, but will likely need your help to beat back ISP lobbyists. California's SB 822 will be debated this week in California. The bill effectively mirrors the FCC rules ISPs are trying to kill, but actually takes things further by prohibiting ISPs from using usage caps and "zero rating" anti-competitively. Local supporters of the initiative tell DSLReports.com that they face a hard fight against entrenched lobbyists in the state, and some lawmakers are on the fence.
State lawmakers will be making an initial decision on the bill rhis Thursday, and the EFF has an
easy tool to help you contact your representatives and encourage them to support the measure.
Former FCC boss Tom Wheeler and two other former FCC Chairs have thrown their support behind California's efforts as more than half the states in the country try to protect consumers in the wake of federal apathy. The former FCC chairs' letter of support (pdf) for California's law argues it would "protect Californians and their economy by comprehensively restoring the protections put in place in the 2015 net neutrality order."
In fact California's proposal goes even further by outlawing anti-competitive abuses of "zero rating," or using usage caps as an anti-competitive bludgeon. You'll recall Wheeler's FCC originally didn't prohibit zero rating, which can be used to give an ISP's own content an unfair advantage (by exempting Comcast's streaming service from caps, but still penalizing Netflix, for example). While Wheeler's FCC changed its mind once it realized caps were being used anti-competitively by AT&T and Verizon, it was too late to make a difference (read: Trump appointed Ajit Pai to lead the FCC).
Wheeler's letter argues that the Pai FCC's dismantling of the rules breaks the precedent for bipartisan support of consumer protections.
"For decades, Republican and Democratic FCC chairs and commissioners have understood that internet service providers have the power to interfere with the internet’s openness," the letter states. "When required, the FCC stepped in to prevent harm to this unique platform for free speech, diversity, innovation, and economic growth."
"Responding to repeated legal challenges by ISPs to these FCC actions, the FCC in 2015 enshrined comprehensive net neutrality protections," it continues. "These protections have been upheld twice in federal court. But in a radical shift, the FCC voted last December to eliminate all existing net neutrality protections for the nation’s citizens, businesses and online services."
The EFF has
thrown its full support behind California's proposal, calling it the "gold standard of net neutrality legislation" and stating that its passage would "give California the strongest protections in the country." The bill prohibits ISPs from anti-competitive blocking, throttling, or interconnection shenanigans, while carving out exemptions for priority services (like medical care and VoIP) and reasonable network management.