Maine passes bill to prevent ISPs from selling browsing data without consent • Hacker News Board

Re: Maine passes bill to prevent ISPs from selling browsing data without consent

#11

Post by mrguyorama » Fri, May 31, 2019, 4:09 PM UTC

I couldn't find links to the actual bill anywhere so I tracked it down:

http://legislature.maine.gov/LawMakerWeb/summary.asp?ID=2800...

The summary: "This bill 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 bill provides other exceptions under which a provider may use, disclose, sell or permit access to customer personal information. The bill 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. The bill requires providers to take reasonable measures to protect customer personal information from unauthorized use, disclosure, sale or access. The provisions of the bill apply to providers operating within the State when providing broadband Internet access service to customers that are billed for service received in the State and are physically located in the State."

Re: Maine passes bill to prevent ISPs from selling browsing data without consent

#12

Post by mrguyorama » Fri, May 31, 2019, 4:16 PM UTC

ethanpil wrote: post #7

For all practical purposes it won't make a difference. When you sign up for ISP service there will be a new small paragraph buried deep in the long 10000+ word contract text that says you consent to them selling your browsing data, which you have to sign to start the service, which nobody reads anyway.

The bill prevents the company from denying or penalizing you for opting out of the data selling, and gives consumers the right to opt out at any time.

Re: Maine passes bill to prevent ISPs from selling browsing data without consent

#13

Post by Frost1x » Fri, May 31, 2019, 4:17 PM UTC

It's all political marketing to make consumers continue to feel good about being screwed over more and more by corporate policy following demands of the very wealthy.

Re: Maine passes bill to prevent ISPs from selling browsing data without consent

#14

Post by chongli » Fri, May 31, 2019, 4:19 PM UTC

ethanpil wrote: post #7

For all practical purposes it won't make a difference. When you sign up for ISP service there will be a new small paragraph buried deep in the long 10000+ word contract text that says you consent to them selling your browsing data, which you have to sign to start the service, which nobody reads anyway.

From the article:

The bill prohibits a provider from refusing to serve a customer, ... if the customer does or does not consent to the use, disclosure, sale or access.

So if they do as you say, they will be in violation of the law.

Re: Maine passes bill to prevent ISPs from selling browsing data without consent

#15

Post by math_and_stuff » Fri, May 31, 2019, 4:21 PM UTC

ethanpil wrote: post #7

For all practical purposes it won't make a difference. When you sign up for ISP service there will be a new small paragraph buried deep in the long 10000+ word contract text that says you consent to them selling your browsing data, which you have to sign to start the service, which nobody reads anyway.

The bill explicitly prevents that behavior.

  "The 'opt-in' nature...would set it apart from other
  state internet privacy laws...
  
  the proposed Maine law also would prohibit any [ISP] from
  making the sale of customer data part of its mandatory
  [TOS]. It also could not charge higher fees to customers
  who refuse to opt in"

https://www.pressherald.com/2019/05/29/maine-on-track-to-pas...

Re: Maine passes bill to prevent ISPs from selling browsing data without consent

#16

Post by [deleted] » Fri, May 31, 2019, 4:24 PM UTC

ethanpil wrote: post #7

For all practical purposes it won't make a difference. When you sign up for ISP service there will be a new small paragraph buried deep in the long 10000+ word contract text that says you consent to them selling your browsing data, which you have to sign to start the service, which nobody reads anyway.

[deleted]

Re: Maine passes bill to prevent ISPs from selling browsing data without consent

#17

Post by testvox » Fri, May 31, 2019, 4:25 PM UTC

barneygumble742 wrote: post #10

ethanpil wrote: post #7

For all practical purposes it won't make a difference. When you sign up for ISP service there will be a new small paragraph buried deep in the long 10000+ word contract text that says you consent to them selling your browsing data, which you have to sign to start the service, which nobody reads anyway.

I agree. I also see this as protecting the ISPs from any future litigation from consumers since now the consumer has no choice but to give consent.

> the consumer has no choice but to give consent.

The law makes that illegal as well

> the proposed Maine law also would prohibit any internet service provider from making the sale of customer data part of its mandatory terms of service. It also could not charge higher fees to customers who refuse to opt in, or penalize them in any way.

https://www.pressherald.com/2019/05/29/maine-on-track-to-pas...

Re: Maine passes bill to prevent ISPs from selling browsing data without consent

#18

Post by asark » Fri, May 31, 2019, 4:25 PM UTC

rhino369 wrote: post #5

Why not ban browser companies, operating system companies, computer/phone companies, email providers, etc. too?

We should ban collecting tons if info about people, for all companies, period. We won't, because banks and CC companies are very into doing that and the politicians love them, but we should.

Re: Maine passes bill to prevent ISPs from selling browsing data without consent

#19

Post by ncallaway » Fri, May 31, 2019, 4:28 PM UTC

erentz wrote: post #8

samayylmao wrote: post #2

I live there and I am proud our lawmakers took this seriously. It seems too common for lawmakers to not understand the ramifications of what was at stake.

There was a campaign by the Maine Chamber of Commerce running against it on the grounds that the privacy protections didn't go far enough. They only applied to ISPs (carriers) not to companies higher in the stack (Facebook, etc.). [1] I couldn't quite work out of this campaign was done out of legitimate concern or was a cynical attempt to derail it? I mean, I agree with them that privacy legislation should apply broa…

I feel like industry groups often use the "perfect as the enemy of the good" tactic to try and sabotage any starting point on progress.

Re: Maine passes bill to prevent ISPs from selling browsing data without consent

#20

Post by weka » Fri, May 31, 2019, 4:39 PM UTC

mrguyorama wrote: post #12

ethanpil wrote: post #7

For all practical purposes it won't make a difference. When you sign up for ISP service there will be a new small paragraph buried deep in the long 10000+ word contract text that says you consent to them selling your browsing data, which you have to sign to start the service, which nobody reads anyway.

The bill prevents the company from denying or penalizing you for opting out of the data selling, and gives consumers the right to opt out at any time.

It should be opt-in but ... hey. It's something.