Ninth Circuit Opens Door To State-Level Regulation Of Internet Access

On January 28, 2022, the US Court of Appeals for the Ninth Circuit issued a decision upholding a California law that applies "network neutrality" requirements to internet service providers in the state, affirming a decision by a federal district court to deny a preliminary injunction requested by industry trade associations. Network neutrality is a form of regulation that prohibits internet service providers from adopting practices that could impede the flow of information on the internet. It typically includes obligations not to block traffic, not to discriminate in transmitting different types of traffic, and to provide customers with information about their services. This decision allows California to continue to enforce its law, increases the likelihood that similar state laws could be adopted and enforced, and potentially permits other forms of regulation for internet access services.