Stanford CIS

The Federal Government and California Are Officially at War Over Net Neutrality

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"Barbara van Schewick, a professor at Stanford Law School and the director of the Center for Internet and Society at Stanford, says that California’s new net neutrality law is on firm legal footing. “An agency that has no power to regulate has no power to preempt the states, according to case law,” van Schewick said in a statement Sunday.* “When the FCC repealed the 2015 Open Internet Order, it said it had no power to regulate broadband internet access providers. That means the FCC cannot prevent the states from adopting net neutrality protections because the FCC’s repeal order removed its authority to adopt such protections.”"