TechDirt reports that when the Federal Communications Commission voted in December to rollback the net neutrality rules, and allow fast and slow lanes on the Internet, they specifically barred individual states from passing their own net neutrality rules. But the FCC also rolled back the classification of Internet service providers as common carriers under Title II of the Telecommunications Act. That means the FCC ceded jurisdiction over Internet service. Barbara van Schewick, Professor of Law at Stanford Law School, and the Director of Stanford Law School’s Center for Internet and Society, has noticed that, and says it means that the FCC can't stop states from passing their own rules. She writes about California's proposed law, "The bill is on firm legal ground. While the FCC’s 2017 Order explicitly bans states from adopting their own net neutrality laws, that preemption is invalid. According to case law, an agency that does not have the power to regulate does not have the power to preempt. That means the FCC can only prevent the states from adopting net neutrality protections if the FCC has authority to adopt net neutrality protections itself. But by re-classifying ISPs as information services under Title I of the Communications Act and re-interpreting Section 706 of the Telecommunications Act as a mission statement rather than an independent grant of authority, the FCC has deliberately removed all of its sources of authority that would allow it to adopt net neutrality protections. The FCC’s Order is explicit on this point. Since the FCC’s 2017 Order removed the agency’s authority to adopt net neutrality protections, it doesn’t have authority to prevent the states from doing so, either." California, Washington, and other states are all now working on passing their own net neutrality laws.