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California’s ‘gold standard’ net neutrality law doesn’t fully stop zero-rating

California pushed back on Friday against the US Federal Communications Commission's rollback of Net Neutrality, with its own law. The FCC's repeal of speed-based Net Neutrality regulations was rolled back under chairman Ajit Pai this year. The California Internet Consumer Protection and Net Neutrality Act of 2018, as the state's law is called, runs against a provision in the FCC's rollback prohibiting state-specific laws. This will likely trigger litigation which will determine the extent of states' jurisdiction over net neutrality in the US. The Electronic Frontier Foundation called the law a 'gold standard' for other states in pushing back against the FCC's repeal. However, the law doesn't stand up to the standards set by the Telecom Regulatory Authority of India, which has set out what are arguably the most comprehensive net neutrality regulations in the world. No zero rating — almost The act defines zero-rating as "exempting some Internet traffic from a customer’s data usage allowance". This is banned in India. The California act prohibits: (5) Engaging in zero-rating in exchange for consideration, monetary or otherwise, from a third party. (6) Zero-rating some Internet content, applications, services, or devices in a category of Internet content, applications, services, or devices, but not the entire category. [...] (7)(B) Zero-rating Internet traffic in application-agnostic ways shall not be a violation of subparagraph (A) [which prohibits 'unreasonable interference' into a user's choice in accessing content on the internet] provided that no consideration, monetary or otherwise, is provided by any third party in exchange for the Internet service…

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I cover the digital content ecosystem and telecom for MediaNama.

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