Massachusetts lawmakers push back on internet privacy

Published 8:00 am Wednesday, April 12, 2017

BOSTON — Lawmakers in Massachusetts are seeking to fill gaps in consumer protection laws following the repeal of federal internet privacy rules approved in the final days of the Obama administration.

President Donald Trump signed a resolution in March scuttling privacy regulations adopted by the Federal Communications Commission last year, including requirements that internet service providers such as Comcast and AT&T obtain the consent of consumers before sharing or selling their browsing information and other data.

The Republican-controlled Congress also used its power under the Congressional Review Act to limit similar FCC regulations in the future.

Privacy advocates decried the clawback of the rules, which would have gone into effect in December, and state legislatures throughout the country have responded with their own protections of electronic data.

In Massachusetts, a proposal filed by Senate Minority Leader Bruce Tarr would require internet providers to get permission before collecting and sharing data.

The bipartisan proposal, which has support from two dozen lawmakers, also prevents companies from charging customers to “opt-out” of data collection.

“The federal government has created a situation that threatens consumer privacy,” said Tarr, a Gloucester Republican. “Information collected over the internet by service providers belongs to the consumer, and we need to make sure that if they’re going to be buying and selling that information that consent is given.”

House Democrats have also put forward proposals for state-level internet privacy rules.

House Speaker Pro Tempore Patricia Haddad, D-Somerset, has filed a similar bill requiring companies to get permission to share electronic information. The proposal has picked up at least 60 co-signers including Reps. Ann-Margaret Ferrante, D-Gloucester, Paul Tucker, D-Salem and Linda Campbell, D-Methuen.

“People shouldn’t have to worry about their internet history being packaged up and sold off to the highest bidder without their consent,” Ferrante said.

Opponents of the FCC’s privacy rules say they’re unnecessary and would have put an unfair burden on broadband providers while giving large internet companies, such as Facebook and Google, a pass to collect user data without asking permission.

They contend that consumers are protected by a FCC rule from 2015 that limits how internet providers treat and use consumer data. The rule classified the internet as a public utility and implemented “net-neutrality rules” that prevent providers from blocking, restraining or prioritizing specific websites.

“People need to understand Congress didn’t roll back any law — the Obama rules never went into effect,” said Matt Mincieli, Northeast region executive director for TechNet, which advocates for technology companies. “There’s rules already in place to protect consumers.”

Vermont, Rhode Island, New York and Maryland are among the states considering legislation to protect electronic information, according to the National Conference of State Legislatures. Currently two states, Nevada and Minnesota, require service providers to keep customer records private.

Civil liberties groups say the battle over privacy restrictions highlights how internet companies are using information that is collected and shared with little or no oversight, much less public awareness.

“It’s important that we institute state-level protections restricting what ISPs can collect and sell about their users,” Kade Crockford, director of American Civil Liberties Union of Massachusetts’ Technology for Liberty program.

Crockford said lawmakers also should pass legislation requiring law enforcement to get warrants for data held by third-party providers such as Google.

Mincieli said he doesn’t believe the state has the legal authority — or resources — to enforce communications rules that are generally handed by the federal government.

“We understand that consumers are concerned about internet privacy and that state legislatures are trying to push back against Trump’s policies, but they’re wading into the FCC’s jurisdiction,” he said. 

Tarr said his plan, which is modeled on Minnesota’s recently approved law, is enforceable on a state level. Consumers would be able to file complaints with the attorney general if they believe their online information is being used without their consent, he said.

“Massachusetts has a strong record on consumer protection, and I don’t think the AG would be idle in the face of complaints,” Tarr said. “The bottom line is consumers’ information should be protected.”

Christian Wade covers the Massachusetts Statehouse for the North of Boston Media Group’s newspapers and websites. Reach him at cwade@cnhi.com.