Chamber Supports Rehearing Calif. Net Neutrality Case
Business and free-market advocates backed ISP groups’ petition for en banc rehearing of a 9th U.S. Circuit Court of Appeals panel upholding California’s net neutrality law (see 2202100072). The court received three amicus briefs Tuesday in case 21-cv-2389. "En banc…
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review is warranted to prevent the significant harms that will result from a patchwork regime of state-level Internet regulations,” wrote the U.S. Chamber of Commerce, California Chamber of Commerce, the Telecommunications Industry Association and others. Allowing California’s law will encourage other states, they warned. "Seven states have already adopted their own legislation or resolutions regarding net neutrality and nine others have introduced legislation regarding these issues. It is difficult to imagine a development more harmful to the effective functioning of a national broadband system.” The 9th Circuit “panel refused to acknowledge that it was creating a circuit split," causing "massive uncertainty for regulated parties,” said Washington Legal Foundation and TechFreedom. States shouldn't be allowed to regulate broadband because it's interstate, not intrastate, said ex-FCC Commissioner Harold Furchtgott-Roth and Kirk Arner, of the Hudson Institute's Center for the Economics of the Internet: “The practical result of state-by-state network neutrality regulations would be utter bedlam for the Internet,” with higher prices and less investment.