Sources Contact Advanced Search Tutorials

An Interest In:

Web News this Week

Search Archive

Some of Our Sources

View All Sources

Help Webnuz

Referal links:

February 18, 2020 10:03 pm

ISPs Sue Maine, Claim Web-Privacy Law Violates Their Free-Speech Rights

An anonymous reader quotes a report from Ars Technica: The broadband industry is suing Maine to stop a Web-browsing privacy law similar to the one killed by Congress and President Donald Trump in 2017. Industry groups claim the state law violates First Amendment protections on free speech and the Supremacy Clause of the US Constitution. The Maine law was signed by Democratic Gov. Janet Mills in June 2019 and is scheduled to take effect on July 1, 2020. It requires ISPs to get customers' opt-in consent before using or sharing sensitive data. As Mills' announcement in June said, the state law "prohibits a provider of broadband Internet access service from using, disclosing, selling, or permitting access to customer personal information unless the customer expressly consents to that use, disclosure, sale or access. The legislation also prohibits a provider from refusing to serve a customer, charging a customer a penalty or offering a customer a discount if the customer does or does not consent to the use, disclosure, sale or access of their personal information." Customer data protected by this law includes Web-browsing history, application-usage history, precise geolocation data, the content of customers' communications, IP addresses, device identifiers, financial and health information, and personal details used for billing. Home Internet providers and wireless carriers don't want to seek customer permission before using Web-browsing histories and similar data for advertising or other purposes. On Friday, the four major lobby groups representing the cable, telco, and wireless industries sued the state in US District Court for the District of Maine, seeking an injunction that would prevent enforcement of the law. In the lawsuit, the groups said the state law "imposes unprecedented and unduly burdensome restrictions on ISPs', and only ISPs', protected speech," while imposing no requirements on other companies that deliver services over the internet. The plaintiffs are America's Communications Association, CTIA, NCTA, and USTelecom. The law allegedly violates the First Amendment because it "limits ISPs from advertising or marketing non-communications-related services to their customers; and prohibits ISPs from offering price discounts, rewards in loyalty programs, or other cost-saving benefits in exchange for a customer's consent to use their personal information," the lawsuit claims. As for how the Maine law violates the Supremacy Clause, the lawsuit says it's "because it allows consumers to dictate (by opting out or declining to opt in) when ISPs can use or disclose information that they must rely on to comply with federal law, rendering 'compliance with both' state and the foregoing federal laws 'impossible.'"

Slashdot

Slashdot was originally created in September of 1997 by Rob "CmdrTaco" Malda. Today it is owned by Geeknet, Inc..

More About this Source Visit Slashdot