WHEREAS, Net neutrality is the principle that the Internet should always remain a free, open, and egalitarian platform, where ideas and information are equally accessible to all parties; and

WHEREAS, In December 2017, the Trump Administrations Federal Communications Commission (FCC) voted to repeal its 2015 Open Internet Order, which established strong net neutrality protections for American consumers and businesses who rely on the Internet; and

WHEREAS, Three short decades ago, the world was just discovering the Internet and we had no idea just how rapidly and completely it would change our lives, from the way we communicate, to how we do business, how we get around, and even how we buy our groceries; and

WHEREAS, Millions of Americans of every income level and political persuasion depend on a free and open Internet for their livelihoods; and

WHEREAS, Today, the Internet is critical to free expression, free speech, and democracy; and

WHEREAS, The FCCs recent repeal of net neutrality protections directly contradicts the will of the vast majority of Americans; and

WHEREAS, Repealing net neutrality protections gives Internet service providers the power to sabotage their competition by throttling Internet speeds for competing content and the power to charge for priority bandwidth, which can give companies an unfair advantage in the race for our time, attention, and business; and

WHEREAS, Without strong net neutrality protections, there is nothing to stop the companies that already monopolize the Internet from blocking certain Internet Web sites or information altogether; and

WHEREAS, Californias nearly 40 million residents and our global economythe sixth largest on the planet by gross domestic productare heavily dependent on fair and competitive protections for Internet access; and

WHEREAS, California has joined several states, including Washington, New York, Nebraska, Rhode Island, and New Jersey, in proposing state laws to protect consumers by establishing our own net neutrality protections; now, therefore, be it

Resolved by the Senate of the State of California, That the public interest in a free and open Internet outweighs the profits and political motives of Internet service providers; and be it further

Resolved, That the Senate urges the FCC to reinstate the 2015 Open Internet Order; and be it further

Resolved, That the Senate urges the United States Congress to intervene to protect net neutrality and codify its principles in statute; and be it further

Resolved, That the Senate commends the efforts of United States Senator Markey, Congressman Doyle, and their colleagues to use the Congressional Review Act to issue a resolution of disapproval to reverse the FCCs misguided decision to repeal the 2015 Open Internet Order; and be it further

Resolved, That the Secretary of the Senate transmit copies of this resolution to the author for appropriate distribution.

WHEREAS, Net neutrality is the principle that the Internet should always remain a free, open, and egalitarian platform, where ideas and information are equally accessible to all parties; and

WHEREAS, In December 2017, the Trump Administrations Federal Communications Commission (FCC) voted to repeal its 2015 Open Internet Order, which established strong net neutrality protections for American consumers and businesses who rely on the Internet; and

WHEREAS, Three short decades ago, the world was just discovering the Internet and we had no idea just how rapidly and completely it would change our lives, from the way we communicate, to how we do business, how we get around, and even how we buy our groceries; and

WHEREAS, Millions of Americans of every income level and political persuasion depend on a free and open Internet for their livelihoods; and

WHEREAS, Today, the Internet is critical to free expression, free speech, and democracy; and

WHEREAS, The FCCs recent repeal of net neutrality protections directly contradicts the will of the vast majority of Americans; and

WHEREAS, Repealing net neutrality protections gives Internet service providers the power to sabotage their competition by throttling Internet speeds for competing content and the power to charge for priority bandwidth, which can give companies an unfair advantage in the race for our time, attention, and business; and

WHEREAS, Without strong net neutrality protections, there is nothing to stop the companies that already monopolize the Internet from blocking certain Internet Web sites or information altogether; and

WHEREAS, Californias nearly 40 million residents and our global economythe sixth largest on the planet by gross domestic productare heavily dependent on fair and competitive protections for Internet access; and

WHEREAS, California has joined several states, including Washington, New York, Nebraska, Rhode Island, and New Jersey, in proposing state laws to protect consumers by establishing our own net neutrality protections; now, therefore, be it

Resolved by the Senate of the State of California, That the public interest in a free and open Internet outweighs the profits and political motives of Internet service providers; and be it further

Resolved, That the Senate urges the FCC to reinstate the 2015 Open Internet Order; and be it further

Resolved, That the Senate urges the United States Congress to intervene to protect net neutrality and codify its principles in statute; and be it further

Resolved, That the Senate commends the efforts of United States Senator Markey, Congressman Doyle, and their colleagues to use the Congressional Review Act to issue a resolution of disapproval to reverse the FCCs misguided decision to repeal the 2015 Open Internet Order; and be it further

Resolved,That the Secretary of the Senate transmit copies of this resolution to the author for appropriate distribution.

 THIRD READING 

Bill No: SR 74

Author: De León (D), Allen (D), Atkins (D), Beall (D), Bradford (D),

Dodd (D), Hernandez (D), Hertzberg (D), Hill (D), Hueso (D), Jackson (D), Lara (D), Leyva (D), McGuire (D), Mitchell (D), Monning (D), Newman (D), Pan (D), Portantino (D), Roth (D), Skinner (D), Stern (D), Wieckowski (D), and Wiener (D)

Introduced: 1/22/18

Vote: Majority

SUBJECT: Net Neutrality

SOURCE: Author

DIGEST:

This resolution urges the Federal Communications Commission (FCC) to reinstate the 2015 Open Internet Order, and urges the United States Congress to intervene to protect net neutrality and codify its principles in statute.

ANALYSIS: This resolution makes the following legislative findings:

1. Net neutrality is the principle that the Internet should always remain a free, open, and egalitarian platform, where ideas and information are equally accessible to all parties.
2. In December 2017, the Trump Administration’s FCC voted to repeal its 2015 Open Internet Order, which established strong net neutrality protections for American consumers and businesses who rely on the Internet.
3. Millions of Americans of every income level and political persuasion depend on a free and open Internet for their livelihoods, and today, the Internet is critical to free expression, free speech, and democracy.
4. Repealing net neutrality protections gives Internet service providers the power to sabotage their competition by throttling Internet speeds for competing content and the power to charge for priority bandwidth, which can give companies an unfair advantage in the race for our time, attention, and business.
5. Without strong net neutrality protections, there is nothing to stop the companies that already monopolize the Internet from blocking certain Internet Web sites or information altogether.
6. California’s nearly 40 million residents and our global economy—the sixth largest on the planet by gross domestic product—are heavily dependent on fair and competitive protections for Internet access.
7. California has joined several states, including Washington, New York, Nebraska, Rhode Island, and New Jersey, in proposing state laws to protect consumers by establishing our own net neutrality protections.

This resolution:

1. Urges the FCC to reinstate the 2015 Open Internet Order.
2. Urges the United States Congress to intervene to protect net neutrality and codify its principles in statute.
3. Commends the efforts of United States Senator Markey, Congressman Doyle, and their colleagues to use the Congressional Review Act to issue a resolution of disapproval to reverse the FCC’s misguided decision to repeal the 2015 Open Internet Order.

Comments

Net Neutrality. Net neutrality is the principle that the internet should always remain a free, open, and egalitarian place, where ideas and information are equally accessible.

Internet service providers (ISPs) (like Comcast, Verizon, and AT&T) generally oppose net neutrality rules, arguing they are unnecessary and stifle innovation. Companies like Google, Netflix, Reddit, Facebook, Twitter and other streaming services, social media platforms and content providers, generally support net neutrality; they argue it’s necessary to protect entrepreneurship and ensure a level playing field for both internet companies and consumers.

The ISPs are the online gatekeepers – they make their money by providing the internet access itself – whereas the content providers depend on the internet to run their businesses. If you think of the internet as the “information superhighway,” then the ISPs build and maintain the highway, while everyone else depends on it to get where they’re going. The concern is that the ISPs could decide to build toll bridges and fast lanes, and arbitrarily speed up, slow-down, or block content and services.

2015 Open Internet Order. In 2015, the FCC adopted new net neutrality rules to protect a level playing field for internet companies and consumers. The first three rules banned practices that are known to harm the Open Internet and are referred to as the “Clear, Bright Line Rules:”

• No Blocking: broadband providers may not block access to legal content, applications, services, or non-harmful devices.
• No Throttling: broadband providers may not impair or degrade lawful Internet traffic on the basis of content, applications, services, or non-harmful devices.
• No Paid Prioritization: broadband providers may not favor some lawful Internet traffic over other lawful traffic in exchange for consideration – in other words, no “fast lanes.” This rule also bans ISPs from prioritizing content and services of their affiliates.

Related/Prior Legislation

SB 460 (De León, 2018) adopts the main components of the “net neutrality rules” – rules that prohibit ISPs from taking actions to interfere with a customer’s ability to access content on the Internet and which were repealed by a vote of the FCC in December 2017. The bill provides persons damaged by violations of these rules access to the robust enforcement mechanisms laid out in the Consumer Legal Remedies Act. SB 460 recently passed the Senate and is pending in the Assembly.

AJR 7 (Mullin, Resolution Chapter 151, Statutes of 2017) declared that the Legislature strongly supports, and respectfully urged the President of the United States and Members of the United States Congress to continue to protect, net neutrality, open Internet access, the federal Lifeline program’s discounted telephone service for qualifying low-income consumers, and the E-rate program’s discounted telecommunication and Internet access services for schools and libraries. The resolution declared that the Legislature views these as high priorities for California and the country, and opposes any federal efforts to rescind or block them.

FISCAL EFFECT: Appropriation: No Fiscal Com.: No Local: No

SUPPORT: (Verified 1/31/18)

None received

OPPOSITION: (Verified 1/31/18)

None received

Prepared by: Jonas Austin / SFA / (916) 651-1520

1/31/18 16:04:49

**** END ****