WASHINGTON — The U.S. Department of Justice (DOJ) announced last week that the agency has voluntarily withdrawn a Trump-era legal challenge against the state of California’s net neutrality law intended to protect the open internet.

Former President Donald Trump directed his DOJ to sue California and Gov. Gavin Newsom in a federal lawsuit seeking to overturn a 2018 law that bars multi-billion-dollar internet service providers (ISPs) from throttling internet speed on certain websites. 

The California law also blocks ISP gatekeepers from blocking user access to certain websites and charging for large website access. 

Closing out the lawsuit

According to the Trump administration, California acted in an “unlawful and anti-consumer” fashion that goes against the federal government’s then-deregulatory agenda regarding the internet.

Jessica Rosenworcel, the Federal Communications Commission’s acting chairwoman, heralded DOJ’s dismissal of the lawsuit.

“I am pleased that the Department of Justice has withdrawn this lawsuit,” Rosenworcel said. “When the FCC, over my objection, rolled back its net neutrality policies, states like California sought to fill the void with their own laws.”

A DOJ legal filing  petitions the federal judge in this case with the department indicating that it “hereby gives notice of its voluntary dismissal of this case.” The filing was certified and submitted on behalf of the Biden Department of Justice by Brian M. Boynton, the acting assistant attorney general for the department’s Civil Division, and directors of the division’s Federal Programs Branch.

“By taking this step, Washington is listening to the American people, who overwhelmingly support an open internet, and is charting a course to once again make net neutrality the law of the land,” Rosenworcel said.

FCC politics

Ajit Pai, the Republican FCC chair under Trump, stepped down from his position on Jan. 20, a day President Joe Biden was inaugurated into his role as commander-in-chief. Pai was a significant proponent of repealing net neutrality rules in 2017, citing that governments shouldn’t intervene in internet broadband regulation. 

Biden named Rosenworcel, an opponent to the net neutrality repeal, to serve as acting chair of the FCC after Pai resigned. 

Currently, the governing commission is split between Republicans and Democrats. Since Biden is president, he is expected to nominate a new commissioner to replace Pai that will serve in a capacity controlled by executive branch policy and political confirmation by the Senate.

Pai’s replacement will serve for the remainder of his five-year term.  Biden has yet to designate a permanent chair.  Based on his appointment of Rosenworcel as acting chair, it wouldn’t be surprising if she was named the permanent incumbent moving forward.

While many companies in the adult industry were opposed to the repeal of net neutrality, opposition to its repeal was not universal. Some mainstream companies, like Netflix, occasionally gave confusing signals on their position.

Remaining legal fights

Despite the Department of Justice’s voluntary motion to dismiss the lawsuit, many legal fights dealing with California’s net neutrality law are still set to take place.

While the department dropped this specific lawsuit, it is expected to weigh in against a challenge brought by cable and phone providers.

The editorial board for The Los Angeles Times said that net neutrality proponents currently sitting on the FCC “should begin the process to reverse course — again — and seek rules to protect all U.S. internet users. 

“Congress should do so as well,” the editorial board argues.

Network hub photo by Brett Sayles from Pexels