Publications

Brief of Internet Law Professors as Amici Curiae in Support of Defendant-Appellant

Author(s): 
Barbara van Schewick
Publication Date: 
December 1, 2021
Publication Type: 
Other Writing

The district court held that New York’s Affordable Broadband Act, N.Y. Gen. Bus. Law § 399-zzzzz (“ABA”), is preempted because Congress occupied the entire field of interstate communications, stripping the states of their preexisting police power. This is a sweeping claim. If affirmed, it would invalidate vital state laws regulating areas of traditional local concern—including consumer protection, public health, and public safety. Read more about Brief of Internet Law Professors as Amici Curiae in Support of Defendant-Appellant

The Impact of the ECJ’s 2020 and 2021 Zero-rating Judgments on Zero-rating and Differentiated Pricing in the European Union

Author(s): 
Barbara van Schewick
Publication Date: 
April 14, 2022
Publication Type: 
White Paper / Report

White Paper Submitted to the Public Consultation on the Draft BEREC Guidelines on the Implementation of the Open Internet Regulation Read more about The Impact of the ECJ’s 2020 and 2021 Zero-rating Judgments on Zero-rating and Differentiated Pricing in the European Union

Brief of Amici Curiae Internet Law Professors in Support of Appellee

Author(s): 
Barbara van Schewick
Publication Date: 
May 11, 2021
Publication Type: 
Other Writing
ACA Connects, et al., Plaintiffs-Appellants, v. Rob Bonta, Defendant-Appellee
 
Plaintiffs argue SB-822 is preempted because Congress occupied the entire field of either interstate communications or interstate information services, stripping the states of their preexisting police power.
 

Setting the Record Straight: Carriers Can Help Veterans and Comply with California’s Net Neutrality Law

Author(s): 
Barbara van Schewick
Publication Date: 
March 25, 2021
Publication Type: 
Other Writing
On Wednesday, Politico reported on a leaked email from the Department of Veterans Affairs, expressing concern that California’s net neutrality law could force some wireless providers to end a program that exempted the V.A.’s telehealth app from their customers’ data caps.
 
Veterans across the country and in California shouldn’t have to worry they’ll go over their data caps by talking to their doctor or mental health provider online. In fact, no American or Californian should.
 
But California’s net neutrality law is not the problem here.

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