ISPs sue Maine, claim Web-privacy law violates their free-speech rights

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The broadband industry is suing Maine to stop a Web-browsing privacy law similar to the one killed by Congress and President Donald Trump in 2017. Industry groups claim the state law violates First Amendment protections on free speech and the Supremacy Clause of the US Constitution.

The Maine law was signed by Democratic Gov. Janet Mills in June 2019 and is scheduled to take effect on July 1, 2020. It requires ISPs to get customers' opt-in consent before using or sharing sensitive data. As Mills' announcement in June said, the state law "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 legislation also 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 of their personal information."

Customer data protected by this law includes Web-browsing history, application-usage history, precise geolocation data, the content of customers' communications, IP addresses, device identifiers, financial and health information, and personal details used for billing.

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