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

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

#211
post #185

Earlier quoted context omitted.

> As a user who understands and consents to that request They can't really consent, because no-one truly understands what it is that they are agreeing to. It is simply not possible to have informed consent about the use, re-sale, re-combination, re-identification, long-term storage, profiling, credit/employment/health/housing impacts, etc. It's not possible to consent because you can't tell what you are giving away a…

> They can't really consent, because no-one truly understands what it is that they are agreeing to. That is a supposition of yours. I'm pretty confident that I understand what i'm agreeing to. And I agree to it.

There was a time where people willingly consented to being sold as slaves. Did they truly understand? Or was the circumstances "forced" upon it due to having no other options?

If you had to consent for the use of an incredibly popular app, is it really understanding? Or is it capitulation disguised?

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

#212
post #207

Earlier quoted context omitted.

This law sound like it was written by data brokers. It does nothing at best and legitimizes corrupt practices at worst. WTF is "consent" doing here? Why would ISP ever need to sell someone's data in order to operate? Do they also plan to explicitly prohibit ISPs from torturing customers and selling their organs? From selling illegal drugs to minors? Dear state of Maine, I too would like to waive all my legal liabilit…

Torturing is currently illegal. Selling customers' data is not currently illegal. Won't the law only help then?

And spying on people used to be illegal as well.

Now it is going to become legal in Maine — as long as you are an ISP.

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

#213

I look forward to the day when selling user's data requires the user's opt-in every single time a third party wants to access that data. No more "yes to all" or allowing blanket usage in TOS/EULAs. People who use apps that sell their data should be bombarded with requests to use that data each and every single time, until they either decide the app isn't worth it or the app decides they should try a different busines…

Like the cookie question where everyone clicks yes anyway?

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

#214

ISPs don't (can't) have your browsing data anyway... Not sure what the point of this law is.

They got the ip, time stamp and data amount of every request you make. So unless you use a proxy with https they know quite a lot of valuable things about you.

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

#215
post #155

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 u…

Won’t the customer consent just become a line in the T&C’s and unless you accept it you can’t use their service? This would be a similar situation to the cookie disclaimers.

My joke about what an honest cookie prompt would read: “We use cookies to remember that one time you accidentally accepted our cookies.”

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

#216

Earlier quoted context omitted.

Can they email you a "Change of Terms of Service" link (that nobody reads) that explains you auto accept if you continue using their service or some BS?

Legally dubious as you can't prove wether someone has read an email or not. Official correspondence has to occur through verifiable means (ex: having them login to a portal, certified mail) in order to handle the approval in order to stand up to a challenge in court. I'm not a legal professional, and my advice shouldn't be taken as rule. Please consult an attorney.

They consider you read emails after a set period of time, regardless of you (do/did/have) actually read. It works like that in Europe not the least.

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

#217
post #159

Earlier quoted context omitted.

Isn't this covered by: > The bill prohibits a provider from refusing to serve a customer...if the customer...does not consent to the use, disclosure, sale or access [of their data]. ?

> The bill prohibits a provider Nobody cares, what provider does. What matters is whether or not you sign a damn consent form. Suppose, that there is a popular mobile App, written by Zhang Li Ltd. The App allows you to buy travel tickets, receive discounts in local stores and upload contents of your address book to it's servers. After a while you notice, that everyone uses it. Your local store no longer sells large a…

The bill also requires providers allow consent to be withdrawn at any time.

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

#218
post #160

Earlier quoted context omitted.

To use a physical analogy, ISPs are like roads. Google and Facebook are like places you can drive to on the roads. You argument is essentially that it is not right to ban persuasive surveillance on the roads if it is possible for people to use those roads to reach destinations where surveillance is allowed.

That analogy is completely arbitrary though, and only drawn to serve tech companies' interests. Because Facebook and Google are platforms , not end destinations in themselves. In your analogy, perhaps the ISPs are the highways, and tech companies are the neighborhood streets, but they're both roads. Because you're not trying to get to Facebook, you're trying to get to your grandma's photo album, that unfortunately yo…

You can only get to grandma's photo album because she put it on Facebook. She could have put it on Flickr, or iCloud, or numerous other places.

No matter which she chooses, though, to get to it a large number of people only have one choice for high speed internet access to go through.

ISPs are low level infrastructure tied to specific geographical locations. If you don't like the infrastructure where you live then generally you only way to pick something better is to move to another region.

If you don't like your photo hosting site, or you blog hosting site, or you online backup site, or your stock tracking site, etc., an alternative is a URL change away.

That's why different regulatory handling of ISPs and the places you reach through those ISPs makes sense.

Facebook is more like a bar or club or church in the physical world analogy than it is like a street. You go there to interact with other people who go there, but it is a destination, competing with other destinations that those people could meet at instead.

That said, Facebook does offer communication services, and so some regulation of communication services that makes sense would make sense to apply to both them and ISPs.

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

#219

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 u…

This law sound like it was written by data brokers. It does nothing at best and legitimizes corrupt practices at worst. WTF is "consent" doing here? Why would ISP ever need to sell someone's data in order to operate? Do they also plan to explicitly prohibit ISPs from torturing customers and selling their organs? From selling illegal drugs to minors? Dear state of Maine, I too would like to waive all my legal liabilit…

Congress already made this legal in 2017. This is Maine fixing the issue.

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

#220
post #132

Earlier quoted context omitted.

> ISPs have your web browsing data Since you worked in this area: What specific things do they track, and by what technical mechanism? DNS requests? (Do they capture those that don't go to their servers?) IP addresses? HTTP snooping? Full HTTP (non-TLS) MITM?

I wasn't responsible for the data intake, but I know that the data was extensive, and always included time on page, full URL, other request information (often post stuff). I know that HTTPS provided a technical hurdle that our company and data providers worked around after about 6 months. My guess is that some MITM-type collection? Some data providers gave us IPs and some just gave us some Tokenized ID. I don't know…

>get a bigger picture of who you are.

Sorry if I'm reading too much into this, but are you saying this data being collected and sold contains PII?

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