San Francisco Chronicle

Net gain for consumers

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Sacramento isn’t the ideal perch for regulating the Internet. Then again, neither is Boise, Idaho, or Lincoln, Neb. Lawmakers in these state capitals and more are neverthele­ss working on their own rules for a network that knows no state or national boundaries. It’s an unfortunat­e necessity given the federal government’s abdication of its more appropriat­e role in regulating online access.

In December, the Trump administra­tion’s Federal Communicat­ions Commission rescinded so-called net neutrality rules preventing cable companies, wireless carriers and other Internet service providers from favoring certain types of content over others. The companies will be allowed to start discrimina­ting among different types of traffic starting Monday, when the repeal takes effect.

But efforts to fill the regulatory vacuum have already surfaced in more than half the states. One such measure, by state Sen. Scott Wiener, D-San Francisco, survived its first committee vote in Sacramento Tuesday despite strenuous industry opposition.

Wiener’s bill has the distinctio­n of going even further than the rules passed by the FCC under President Barack Obama, which prohibited AT&T, Comcast and others from privilegin­g or penalizing online traffic to suit corporate interests. SB822 aims not only to prevent them from selectivel­y speeding or slowing certain content, but also to limit their ability to boost certain traffic by other means — for example, by exempting it from customers’ data usage limits, a practice known as zerorating. State Attorney General Xavier Becerra, who would be empowered to bring actions against companies that violate the rules, endorsed the legislatio­n this week. The bill also has the support of Tom Wheeler, the former FCC chairman who spearheade­d the repealed federal protection­s, and advocacy groups such as the American Civil Liberties Union and the Electronic Frontier Foundation.

The opposition has been led by trade groups such as the California Cable and Telecommun­ications Associatio­n, which asserted that “state-level policies regulating the Internet are preempted by federal regulation­s and are inappropri­ate for an inherently interstate service.”

That would be a persuasive argument if the relevant federal regulation­s had not been dismantled at the behest of the same corporate interests. The emerging patchwork of state regulation­s being lamented by the industry is a direct result of its successful lobbying to undo FCC rules that applied nationwide. With online abuse and manipulati­on coming under ever more scrutiny, the federal retreat looks even more unacceptab­le in retrospect.

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