Commonwealth of Virginia
Office of the Attorney General
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Charlotte Gomer, Press Secretary
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ATTORNEY GENERAL HERRING FILES NEW BRIEF IN NET NEUTRALITY LAWSUIT
~ Herring joins 22 attorneys general in urging DC Circuit to vacate and reverse FCC's illegal rollback of net neutrality ~
RICHMOND (August 21, 2018) – Today, Attorney General Mark R. Herring filed a new brief in the lawsuit to block the Federal Communications Commission's (FCC) illegal rollback of net neutrality, urging the U.S. Court of Appeals for the D.C. Circuit to vacate and reverse the FCC's order. Attorney General Herring is part of a coalition of 23 attorneys general that filed suit earlier this year.
"Having an open and fair internet is integral to economic, cultural and educational growth in the Commonwealth, by connecting Virginians to jobs, opportunities and experiences only accessible online,” said Attorney General Herring. "The FCC's illegal rollback of net neutrality protections could open consumers up to internet providers who will take advantage of them, limit access to certain websites, slow down internet speeds, censor viewpoints they may not like, or even charge websites for priority access. These protections need to remain in place to make sure that ISPs provide fair services. I will continue to fight to keep the internet open for all Virginians.”
Attorney General Herring and his colleagues partnered with the County of Santa Clara, Santa Clara County Central Fire Protection District, and the California Public Utilities Commission in this brief. The non-government petitioners submitted a separate companion brief today and Attorney General Herring and the other attorneys general also joined the arguments made by the non-government petitioners in that brief.
Attorney General Herring's brief focuses on two critical issues: first, that the FCC's order is arbitrary and capricious, therefore putting consumers at risk of abusive practices by broadband providers, jeopardizing public safety, and more; and second, that the FCC's order preempts state and local regulation of broadband service.
As Attorney General Herring's brief states, "for more than fifteen years, the Federal Communications Commission has agreed that an open Internet free from blocking, throttling, or other interference by service providers is critical to ensure that all Americans have access to the advanced telecommunications services that have become essential for daily life. The recent Order represents a dramatic and unjustified departure from this long-standing commitment”.
The coalition of 23 attorneys general collectively represents over 165 million people – approximately 50 percent of the U.S. population – and includes the Attorneys General of New York, California, Connecticut, Delaware, Hawaii, Illinois, Iowa, Kentucky, Maine, Maryland, Massachusetts, Minnesota, Mississippi, New Mexico, New Jersey, North Carolina, Oregon, Pennsylvania, Rhode Island, Vermont, Virginia, Washington, and the District of Columbia.