Professor Catherine Sandoval recently published “Cybersecurity Paradigm Shift: The Risks of Net Neutrality Repeal to Energy Reliability, Public Safety, and Climate Change Solutions” (10 San Diego J. Climate & Energy L. 91 (2019)). In her article, Sandoval analyzes cybersecurity issues raised by the Federal Communications Commission’s (FCC) 2018 repeal of net neutrality rules that prohibited Internet Service Providers (ISPs) from blocking, throttling, and paid prioritization of internet traffic. American energy sector facilities and services are subject to mandatory cybersecurity and reliability standards under federal law, and to state law safety and reliability standards. Sandoval contends that an open internet is key to delivery of safe and reliable energy service, deployment of renewable and distributed energy resources, and to climate change mitigation strategies. Thus, she concludes that the FCC’s failure to consider the cybersecurity consequences of net neutrality repeal violates the Administrative Procedures Act.
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