We discuss the law that partially revived net neutrality rules.
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What was said in the state of Maine
The authorities of the state of Maine, USA, , requiring internet providers to obtain explicit consent from users before sharing metadata and personal data with third parties. This primarily concerns browsing history and geolocation. Providers are also prohibited from advertising services unrelated to communications and from using data that is not considered personal data by definition.
Additionally, the law in Maine revived several net neutrality rules that were in place in the country until 2018—until they were . In particular, it internet providers from offering discounts on their services and other forms of compensation in exchange for the customer's consent to provide personal information.
Why is it only about providers?
The law in the state of Maine does not regulate the activities of telecommunications or IT companies. This situation did not sit well with internet providers, so in July of this year, they filed a lawsuit. Industry organizations USTelecom, ACA Connects, NCTA, and CTIA submitted , arguing that the ruling discriminates against providers and violates the First Amendment Fresh materials from our blog on Habr:
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, arguing that if Google, Apple, Facebook, and data brokers are allowed to sell customer personal data without their consent, internet providers should have the same ability. However, it is worth noting that at the federal level, discussions are already underway Who supports the new regulation
Primarily, supporters of the law in the state of Maine include representatives from the Electronic Frontier Foundation (EFF). They have long promoted initiatives that limit the powers of internet providers. According to them,
, such measures are necessary to protect user privacy. , such steps are necessary to protect user privacy.
How According to Vice, around 100 million Americans are clients of a provider that has previously violated net neutrality requirements. However, they cannot switch to another operator because their region is served by only one organization.
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In favor of the new law as well the judge hearing the case of internet providers. During preliminary hearings, he acknowledged that Maine's law is constitutional and noted that the First Amendment does not fully apply to commercial speech. The ruling could set an important precedent for other states seeking to revive net neutrality.
There is a possibility that a law similar to the one enacted in Maine will be implemented at the federal level. One such bill last year House representatives, but then it failed to pass through Congress and reach the president's desk.
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Source: habr.com
