Federal Court Rejects Challenge to Maine Broadband Privacy Law

A federal court has rejected a challenge from internet services providers to Maine’s broadband privacy law. Enacted last year, the law prohibits broadband providers from using, disclosing, or selling consumers’ personal data without express consent. The ISPs had argued that the Maine law conflicted with Congress’s 2017 overturning of broadband privacy rules issued by the Federal Communications Commission and the FCC’s 2018 disclaimer of regulatory authority over broadband providers. But the ISPs’ “attempt to manufacture a conflict in this case is unavailing,” Judge Lance E. Walker wrote. The court also refused to hold that the Maine law violates the First Amendment or is unconstitutionally vague. EPIC has long advocated for comprehensive privacy legislation that would protect states’ ability to enact stronger privacy laws.

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