/ Unsplash / Markus Spiske
What was said in Maine
The government of Maine, USA, has passed a law requiring Internet service providers to obtain explicit consent from users to transfer metadata and personal data to third parties. First of all, we are talking about the history of views and geolocation. Also, providers were banned from advertising non-communications services and using data that, by definition, is not PD.
Additionally, Maine law revived several net neutrality rules that were in effect in the country until 2018 - until they were canceled by the FCC . In particular, he prohibited Internet providers from offering discounts on their services and other forms of remuneration in exchange for the client's consent to provide personal information.
Why are we only talking about providers
Maine law does not regulate telecommunications or IT companies. This state of affairs did not suit Internet providers, so in July of this year they went to court. Industry organizations USTelecom, ACA Connects, NCTA and CTIA filed a class action lawsuit in which they noted that the ruling discriminates against providers and violates the First Amendment to the US Constitution, which guarantees freedom of speech in the conduct of business.
Fresh materials from our blog on Habré:
Lobbyists say that if Google, Apple, Facebook and data brokers are allowed to sell personal data to customers without their consent, then Internet providers should also have such an opportunity. But here it is worth noting that the federal level is already discussing a law that will prohibit the transfer of geolocation to third parties. Although his future remains unknown.
Who is for the new regulation
Maine's primary advocacy for the law was the Electronic Frontier Foundation (EFF). They have long promoted initiatives that limit the capabilities of Internet service providers. In their words , such steps are necessary to protect user privacy.
As reported by Vice, about 100 million Americans are provider customers, who in the past violated the requirements of net neutrality. But they cannot switch to another operator, since only one organization serves their region.
/ Unsplash / Markus Spiske
The new law was also supported bya judge hearing an Internet service provider case. During preliminary hearings, he recognized the Maine law as constitutional and noted that the first amendment does not fully apply to commercial speech. The ruling could set an important precedent for other states to rely on to re-establish net neutrality.
It is likely that a law similar to that passed in Maine will be implemented at the federal level. One of these bills was approved by the Board of Representatives last year , but then it failed to pass Congress and get on the signature of the President.
What to read about protocols on our corporate blog: