The Trump Administration Is Fighting California's Tough Net Neutrality Law California, home to Silicon Valley, has enacted the nation's toughest net neutrality protections and will have to defend them in court.

By Peter Page

Getty Images

You think government doesn't work on weekends? Think again.

On Sunday, California Gov. Jerry Brown signed the nation's toughest net neutrality law, which includes protections tougher than the Obama-era federal rules that were repealed by the Trump Administration's FCC.

Also on Sunday, the U.S. Department of Justice filed a lawsuit on behalf of the FCC claiming the law is both unconsitutional and barred by the FCC's rule forbidding state and local governments from imposing net neutrality protections. However it turns out, the litigation is an opportunity for the tech world to learn about the Constitution's commerce clause and the Tenth Amendment. But first, some background.

In 2015, during the Obama Administration, the FCC approved a sweeping net neutrality rule that imposed regulation on internet service providers (ISP) as public utilities. The rule required ISPs to treat all content equally, meaning a startup angling to be the next Netflix or Amazon would have the same bandwidth as the behemoths they are challenging.

Last December, the FCC under Chairman Ajit Pai, a former lawyer for Verizon, voted to repeal the rule. The bill signed by Brown enshrined that principle into California law.

Related: With Net Neutrality Repealed ISPs Now Have the Censoring Power of an Authoritarian Government

A number of states, California among them, are challenging the FCC repeal of the net neutrality rule in federal court. Meanwhile, it is widely anticipated the ISPs, which pushed for a clause in the FCC repeal specifically banning states from enacting their own net neutrality legislation, will file their own lawsuits challenging the new California law.

Attorney General Jeff Sessions, in a statement released Sunday, argued California's new law is unconstitutional under the Commerce Clause, which reserves to Congress all power to regulate interstate commerce. "Under the Constitution, states do not regulate interstate commerce -- the federal government does," Sessions said. "Once again the California legislature has enacted an extreme and illegal state law attempting to frustrate federal policy."

California Attorney General Xavier Becerra, who is overseeing many lawsuits against the Trump Administration, said California will not back down.

"While the Trump Administration continues to ignore the millions of Americans who voiced strong support for net neutrality rules, California -- home to countless startups, tech giants and nearly 40 million consumers -- will not allow a handful of power brokers to dictate sources for information or the speed at which websites load," he said.

Related: 3 Ways the Net Neutrality Repeal Can Damage Your Business

The litigation can be seen as part of the eternal wrangling between the states and federal government over the extent to which the Tenth Amendment ("The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.") allows states to regulate their own commerce. California, for instance, set auto emission standards for cars sold in the state prior to Congress passing the Clean Air Act in 1970. As a result, California retains the authority to set tougher tailpipe standards than federal standards and each state can choose to require cars sold within their borders meet the tougher California emission rules.

The Trump Administration, as part of its rollback of Obama Administration auto emission rules, is seeking to strip California of its authority to set those tougher standards.

Peter Page

Entrepreneur Staff

Senior Editor for Green Entrepreneur

Peter Page's journalism career began in the 1980s in the Emerald Triangle writing about the federally-funded Campaign Against Marijuana Planting. He now writes and edits for Green Entrepreneur.

Want to be an Entrepreneur Leadership Network contributor? Apply now to join.

Editor's Pick

Business Solutions

Say Hello to the PDF Multi-Tool You Didn't Know You Needed

Get lifetime access to UPDF for just $47.99—the best price online right now.

Business News

Zillow Predicts These 10 Places Will Have the Hottest Housing Markets in 2025

Zillow predicted that the hottest housing market of 2025 will be Buffalo, New York. Here's why.

Business Ideas

70 Small Business Ideas to Start in 2025

We put together a list of the best, most profitable small business ideas for entrepreneurs to pursue in 2025.

Business Culture

It's Time to Rewrite Your Company's Values — Here's How

Most companies' values are forgotten or disconnected from daily operations. By rethinking and co-creating values with your team, you can transform them into actionable tools that align behavior, build trust and drive performance.

Business News

These Are the 10 Highest-Paying Jobs That Only Require a 2-Year Degree — With Some Around $100,000 and Higher

People with two-year degrees may see career growth in the healthcare, aviation, and technology industries over the next 10 years, according to a new report.