(TNS) — If it wasn't obvious before, the coronavirus pandemic makes clear the need for an open internet with broadband access for all Americans.
The
U.S. Department of Justice took a major step in that direction Monday when it dropped its legal challenge to
California's 2018 model net neutrality law. The action, under the new Biden administration, mirrors the DOJ's
Feb. 2 decision to end the court fight to block
California's authority to set its own auto emission standards. On both issues,
California is once again a policy leader.
The dropping of the fuel-standards challenge came as the legacy auto industry signaled it would get serious about fighting climate change. But don't hold your breath waiting for the broadband industry to see the light on control of the internet.
AT&T, Comcast, Verizon, T-Mobile and other major Internet Service Providers (ISPs) aren't backing away from their goal of raking in billions by charging web sites more for priority access to the internet. The providers are hoping
Republicans will regain the
White House in 2024 and once again roll back net neutrality provisions.
Network neutrality is the principle that all internet traffic should be treated equally. Tech pioneers including
Tim Berners-Lee
and
Vint Cerf
have long advocated that internet service providers shouldn't be able to pick winners and losers online, creating an internet that resembles the cable TV industry. Consumer advocates argue that providers should be required to offer equal access to all sites and applications at the same speed.
Former
President Trump's
Federal Communications Commission chair,
Ajit Pai
, a former Verizon lawyer, gave ISPs the ability to slow down or even block traffic from web sites. That sparked
California's Legislature to pass state Sen.
Scott Wiener's
SB 822, the legislation that gave the state the strongest net neutrality protections in the nation.
The law would protect consumers and ensure that small businesses and startups would be able to compete with tech's biggest companies. The
U.S. Department of Justice lawsuit during the Trump administration had blocked the bill from being enforced for the past two years.
Pai stepped down from the
FCC on
Inauguration Day, leaving the five-member commission deadlocked with two
Democrats and two
Republicans.
Democrats' control of the
Senate should enable Biden to appoint a new
FCC commissioner who will defend net neutrality principles.
Biden chose Democratic Commissioner
Jessica Rosenworcel
as the interim
FCC chair. She has pledged to fight for net neutrality and close the "homework gap" by extending broadband access to every child in
the United States.
Columbia law professor
Tim Wu
coined the term net neutrality in 2003, when the debate blossomed over whether ISPs could block some internet sites. Two years later, the
FCC adopted its first net neutrality principles, working "to preserve and promote the vibrant and open character of the internet as the telecommunications marketplace enters the broadband age." But Pai rolled back all previous efforts to protect net neutrality.
Congress should act to strengthen net neutrality and end the policy swings from one presidential administration to the next. But that isn't likely as long as
Senate Democrats lack enough votes to block a
Republicans filibuster and the broadband industry, which has spent more than $1 billion lobbying members of
Congress in the last 10 years, remains a potent political force.
So that leaves it up to the
FCC and, thanks to the
Justice Department action Monday, states such as
California to protect consumers and small businesses from being controlled by a small group of broadband companies that put profits before the needs of internet users.
(c)2021 the San Jose Mercury News (San Jose, Calif.). Distributed by Tribune Content Agency, LLC.
