DOJ Urges Court to Stop California Net Neutrality Law
California’s net neutrality law is preempted under the U.S. Constitution’s supremacy clause, argued DOJ Wednesday in support of its motion for preliminary injunction against SB-822. “This constitutional infringement alone constitutes irreparable harm, but SB-822 piles on by reinstating rules that…
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the FCC determined have more costs than benefits, and imposing separate state requirements that the FCC found could inhibit broadband investment and increase costs to consumers,” the government replied (in Pacer) at the U.S. District Court in Sacramento. “California argues that it needs SB-822, but the State has not enforced the law for more than two years.” The case resumed this summer (see 2008200034).