News for hackers. Stuff that matters.
Re:Maine passes bill to prevent ISPs from selling browsing d... by mrguyorama on Friday May 31, 2019 @12:09PM (#20062182)
I couldn't find links to the actual bill anywhere so I tracked it down:

http://legislature.maine.gov/LawMakerWeb/summary.asp?ID=2800...

The summary: "This bill 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 bill provides other exceptions under which a provider may use, disclose, sell or permit access to customer personal information. The bill 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. The bill requires providers to take reasonable measures to protect customer personal information from unauthorized use, disclosure, sale or access. The provisions of the bill apply to providers operating within the State when providing broadband Internet access service to customers that are billed for service received in the State and are physically located in the State."

Re:Maine passes bill to prevent ISPs from selling browsing d... by ssss11 on Friday May 31, 2019 @05:57PM (#20065378)
Won’t the customer consent just become a line in the T&C’s and unless you accept it you can’t use their service? This would be a similar situation to the cookie disclaimers.
Re:Maine passes bill to prevent ISPs from selling browsing d... by ssalka on Friday May 31, 2019 @06:10PM (#20065478)
Isn't this covered by: > The bill prohibits a provider from refusing to serve a customer...if the customer...does not consent to the use, disclosure, sale or access [of their data]. ?
Re:Maine passes bill to prevent ISPs from selling browsing d... by altfredd on Friday May 31, 2019 @09:45PM (#20066607)
> The bill prohibits a provider

Nobody cares, what provider does. What matters is whether or not you sign a damn consent form.

Suppose, that there is a popular mobile App, written by Zhang Li Ltd. The App allows you to buy travel tickets, receive discounts in local stores and upload contents of your address book to it's servers. After a while you notice, that everyone uses it. Your local store no longer sells large amounts of grocery unless you make a reservation from The App. All train tickets must be booked by using The App. A bunch of local utilities stopped accepting payments unless you send them via The App. The thing is just so convenient!

One day you notice, that The App requires you to sign some "consent form" in order to use it's advanced features. A month later it threatens to delete your account if you don't "consent" (of course, it won't say so directly — "our ML algo detected, that you are Russian hacker! plz confirm your identity! account secuuuurity!" — that's how it will roll). The App is absolutely not connected to your ISP — it's authors just want to buy the data, that's all!

Reminds you of anything?

Re:Maine passes bill to prevent ISPs from selling browsing d... by duckMuppet on Sunday June 02, 2019 @11:36AM (#20076090)
You're not forced to use an app.

You can go on a web browser even a phone browser and do almost all the activities you can do in an app, and not deal with the T&C of the app once declined. Of course, no one does because they can't be inconvenienced. Again, you might believe that you can't check your Facebook/tender/whatsapp/Snapchat/etc, but that's generally untrue for most of them..

In most places due to govt regulation, you only have one or two ISP's serving a geographic area. So the T&C in this case have an actual impact, not some mythical and perceived injustice by "big tech".

Those app providers have the right to suck every last detail from their meatspace, down to what color socks they like on Tuesday and sell it to Hanes.

Re:Maine passes bill to prevent ISPs from selling browsing d... by voxic11 on Saturday June 01, 2019 @11:45AM (#20069725)
The bill also requires providers allow consent to be withdrawn at any time.
Re:Maine passes bill to prevent ISPs from selling browsing d... by kajmagnusmobile on Sunday June 02, 2019 @01:54PM (#20076939)
What app do you have in mind? I don't live in the US so maybe I haven't heard about it. I searched for "Zhang Li app" but found only game apps
Re:Maine passes bill to prevent ISPs from selling browsing d... by bb88 on Friday May 31, 2019 @07:19PM (#20065983)
Without reading the bill, not necessarily.

It's entirely feasible to have two classes of customers, right? One that agreed to the provision, and one that didn't. One that gets a 500GB data cap, and one that gets 150GB, say.

Just because you serve a customer doesn't mean you must serve them equally. Afterall, technically, they are serving the customer, right?

Re:Maine passes bill to prevent ISPs from selling browsing d... by talaketu on Friday May 31, 2019 @07:49PM (#20066124)
wrong. it should take <1 minute to follow the link and read that section.

> (2) Charge a customer a penalty or offer a customer a discount based on the customer's decision to provide or not provide consent under paragraph A.

Re:Maine passes bill to prevent ISPs from selling browsing d... by gpm on Friday May 31, 2019 @08:53PM (#20066385)
Providing extra bandwidth isn't necessarily a discount though, especially if you structure your offerings in a way that it's impossible to purchase the extra bandwidth.

It's against the spirit of the law of course, but maybe not the letter.

Re:Maine passes bill to prevent ISPs from selling browsing d... by cameronbrown on Friday May 31, 2019 @09:20PM (#20066504)
Extra bandwidth for the same amount of money is effectively a discount.
Re:Maine passes bill to prevent ISPs from selling browsing d... by sagebird on Saturday June 01, 2019 @06:28AM (#20068502)
My joke about what an honest cookie prompt would read: “We use cookies to remember that one time you accidentally accepted our cookies.”
Re:Maine passes bill to prevent ISPs from selling browsing d... by altfredd on Friday May 31, 2019 @09:26PM (#20066538)
This law sound like it was written by data brokers. It does nothing at best and legitimizes corrupt practices at worst.

WTF is "consent" doing here? Why would ISP ever need to sell someone's data in order to operate? Do they also plan to explicitly prohibit ISPs from torturing customers and selling their organs? From selling illegal drugs to minors? Dear state of Maine, I too would like to waive all my legal liabilities by making my victims sign a bunch of paperwork!

Re:Maine passes bill to prevent ISPs from selling browsing d... by chii on Saturday June 01, 2019 @01:05AM (#20067356)
Torturing is currently illegal. Selling customers' data is not currently illegal.

Won't the law only help then?

Re:Maine passes bill to prevent ISPs from selling browsing d... by SaltyBackendGuy on Saturday June 01, 2019 @02:15PM (#20070567)
I wonder if they will make you sign a release when you sign up for a service. So you will need to consent to use the ISP.
Re:Maine passes bill to prevent ISPs from selling browsing d... by altfredd on Saturday June 01, 2019 @01:59AM (#20067526)
And spying on people used to be illegal as well.

Now it is going to become legal in Maine — as long as you are an ISP.

Re:Maine passes bill to prevent ISPs from selling browsing d... by voxic11 on Saturday June 01, 2019 @11:46AM (#20069731)
Congress already made this legal in 2017. This is Maine fixing the issue.
Re:Maine passes bill to prevent ISPs from selling browsing d... by eternalban on Friday May 31, 2019 @01:45PM (#20063212)
Do we now need a Mann act for illegal transfer of protected data across state lines..

https://en.wikipedia.org/wiki/Mann_Act

Re:Maine passes bill to prevent ISPs from selling browsing d... by dudus on Friday May 31, 2019 @04:17PM (#20064560)
What kind of penalties could they face if they don't comply?
Re:Maine passes bill to prevent ISPs from selling browsing d... by dredmorbius on Friday May 31, 2019 @08:37PM (#20066316)
None are specified. Presumably tortuous relief.
Re:Maine passes bill to prevent ISPs from selling browsing d... by dredmorbius on Friday May 31, 2019 @07:51PM (#20066137)
Specifically (though there are proposed amendments) http://www.mainelegislature.org/legis/bills/getPDF.asp?paper...
Re:Maine passes bill to prevent ISPs from selling browsing d... by oldjokes on Friday May 31, 2019 @12:47PM (#20062577)
I wonder what "use" means here. Is it now illegal for them to log your traffic at all? I think that would be the ideal way to phrase the law, you can't even write to a logfile/dbms much less do anything with that data unless the user opts in.
Re:Maine passes bill to prevent ISPs from selling browsing d... by zerocrates on Friday May 31, 2019 @01:01PM (#20062737)
> The bill provides other exceptions under which a provider may use, disclose, sell or permit access to customer personal information.

There's probably a "as necessary to provide the service" exception more than large enough to encompass internal logging.

Re:Maine passes bill to prevent ISPs from selling browsing d... by mrguyorama on Friday May 31, 2019 @01:30PM (#20063035)
It is section 4
Re:Maine passes bill to prevent ISPs from selling browsing d... by naniwaduni on Friday May 31, 2019 @11:19PM (#20067010)
This is an accurate statement. The relevant exceptions are in section 4, and are quite broad.

https://mainelegislature.org/legis/bills/bills_129th/billtex...

Re:Maine passes bill to prevent ISPs from selling browsing d... by konceptz on Friday May 31, 2019 @02:46PM (#20063824)
Can anyone comment about m the language being strong enough to block incentives for selling user data through fast lanes?
Re:Maine passes bill to prevent ISPs from selling browsing d... by ljm on Friday May 31, 2019 @05:47PM (#20065302)
‘reasonable’
Re:Maine passes bill to prevent ISPs from selling browsing d... by sushid on Friday May 31, 2019 @05:51PM (#20065332)
Law is meant to be interpretive. Inflexible technical requirement that become law is what foments issues like South Korea's ActiveX requirements of 1996.
Re:Maine passes bill to prevent ISPs from selling browsing d... by 867-5309 on Friday May 31, 2019 @06:34PM (#20065671)
nice word of the day usage ;)