Appeals court upholds California’s net neutrality law

Illustration by Alex Castro / The Verge

A federal appeals court upheld a lower court decision that the California net neutrality law can remain in place. The Federal Communications Commission repealed the Open Internet Order a year after it was signed into law in California. The strict net neutrality rules were put in place in 2015. prioritization of paid content was banned.

The Department of Justice sued the state after the law was passed, arguing that it was pre-empted by the FCC's repeal of the federal law. The DOJ dropped its lawsuit last year, which prevented the California law from taking effect.

A district court judge rejected the challenge by industry groups to block the California law from taking effect, because they argued that the FCC decision should have precedence over the state law.

The FCC no longer has the authority to regulate broadband internet services since they were reclassified as information services, according to the Ninth Circuit Court of Appeals.

Congress should codify national rules for an open Internet once and for all, as the industry groups said in a statemen Friday.

The FCC doesn't have a majority and can't restore net neutrality at the federal level. Senate approval is still pending for President Biden's nominee to replace the FCC chairman.