Will providers continue to trade metadata: the US experience

We are talking about a law that partially revived the rules of net neutrality.

Will providers continue to trade metadata: the US experience
/Unsplash/ Markus Spiske

What they said in Maine

Maine State Government, USA passed the lawobliging ISPs get explicit consent of users to the transfer of metadata and personal data to third parties. First of all, we are talking about browsing history and geolocation. Providers were also prohibited from advertising services that are not related to communications, and from 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 - while they not canceled by the FCC. In particular, he banned ISPs to offer discounts on their services and other forms of reward in exchange for the customer's consent to provide personal information.

Why are we only talking about ISPs?

Maine law does not regulate telecommunications or IT companies. This state of affairs did not suit the Internet providers, so in July this year they went to court. Industry organizations USTelecom, ACA Connects, NCTA and CTIA have filed class actionIn which notedthat the ruling discriminates against providers and violates first amendment to the US Constitution, which guarantees freedom of speech in relation to the conduct of business.

Fresh materials from our blog on Habré:

Lobbyists they saythat if Google, Apple, Facebook, and data brokers are allowed to sell customer PII without their consent, then ISPs should be able to do so as well. But it is worth noting here that at the federal level already underway discussion of a law that would prohibit the transfer of geolocation to third parties. Although his future is still unknown.

Who is for the new regulation

First of all, representatives of the Electronic Frontier Foundation (EFF) spoke in support of the law in Maine. They have long promoted initiatives that limit the capabilities of ISPs. According to them words, such steps are necessary to protect the privacy of users.

Как сообщает Vice, about 100 million Americans are customers of a supplier that has violated net neutrality requirements in the past. But they cannot switch to another operator, since only one organization serves their region.

Will providers continue to trade metadata: the US experience
/Unsplash/ Markus Spiske

In favor of the new law expressed judge hearing the ISP case. During the preliminary hearing, he recognized Maine's law as constitutional and noted that the first amendment does not cover advertising (commercial speech) in its entirety. The ruling could set an important precedent for other states looking to reclaim net neutrality.

It is likely that a law similar to that adopted in Maine will be implemented at the federal level. One of these bills last year approved The fee of representatives, but then he failed to get through Congress and get signed by the president.

What to read about protocols in our corporate blog:

Source: habr.com

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