State senators narrowly approved Minnesota open internet rules Wednesday night. The Senate voted 34-32 in favor of a conference committee agreement on a Commerce omnibus (SF-4097), including language on net neutrality and transparency requirements for social media. It next needs a vote from the House, which convenes Friday. The legislature is set to adjourn Monday. Other than for reasonable network management, the bill would bar ISPs from engaging in “blocking lawful content, applications, services, or nonharmful devices,” paid prioritization or “unreasonably interfering with or unreasonably disadvantaging: (i) a customer's ability to select, access, and use broadband Internet service or lawful Internet content, applications, services, or devices of the customer's choice; or (ii) an edge provider's ability to provide lawful Internet content, applications, services, or devices to a customer.” Also, the state bill would ban “engaging in deceptive or misleading marketing practices that misrepresent the treatment of Internet traffic or content” and zero rating “in exchange for consideration, monetary or otherwise, from a third party” or zero rating some internet content in a category but not the entire category. It would be enforced by the state commerce department. The social media section would require platforms to disclose information about algorithms to users, including how they assess users’ perceptions of content quality. The net neutrality and social media rules would take effect July 1, 2025. Minnesota legislators are also weighing a proposed comprehensive privacy law and controversial broadband labor requirements (see 2405070043). Also Wednesday, the Senate voted 36-31 to pass an anti-junk fees bill (HB-3438) that CTIA had opposed for including the wireless industry. The House passed the bill, as negotiated by a conference committee, in a 76-57 vote earlier this week.
The Vermont legislature passed bills on privacy and kids’ online safety Friday. After back-and-forth on amendments, the House and Senate agreed to a comprehensive data privacy bill (H-121). While final text wasn’t available Monday, “reports indicate that it has a narrow private right of action focused on data brokers and larger data holders and limited to the bill’s sensitive data and consumer health data provisions,” Husch Blackwell attorney David Stauss blogged. That might be a first among states (see 2403220040). The legislature also agreed to an age-appropriate design code bill (S-289) like the California law. Pouncing immediately, tech industry group NetChoice urged Vermont Gov. Phil Scott (R) to veto S-289. The bill “would chill lawful speech online and negatively impact Vermont’s vibrant small business community,” wrote NetChoice General Counsel Carl Szabo: “Similar requirements … have already been challenged and are currently enjoined.” Design It For Us, a youth advocacy group that originally campaigned to pass California’s kids code law, applauds the legislature “for working to protect young people from online harms and passing much needed Kids Code legislation despite industry efforts to defeat it,” said co-Chair Zamaan Qureshi in a statement. Accountable Tech, another supporter of such laws, also lauded passage of S-289. “It’s clear that momentum is on the side of young people fighting for safer online spaces as Vermont becomes the third state to pass age-appropriate design code legislation with the Vermont Kids Code,” said Executive Director Nicole Gill.
The number of states with privacy laws reached 18 after Maryland Gov. Wes Moore (D) signed SB-541/HB-567 on Thursday. Vermont and Minnesota could soon join the ranks. While not first, Maryland “sets the new standard” for state privacy laws and “raises the bar” for Congress, said Caitriona Fitzgerald, Electronic Privacy Information Center (EPIC) deputy director, in an interview. Meanwhile, in California, the first state with a privacy law, board members of the California Privacy Protection Agency (CPPA) slammed the preemptive current draft of a privacy bill from Congress.
Minnesota won’t craft a law that might put the state's $652 million allocation from NTIA’s broadband equity, access and deployment (BEAD) program in jeopardy, Senate Broadband Committee Chair Aric Putnam (D) pledged shortly after midnight Tuesday. Up late considering a labor budget bill that included an industry-opposed broadband safety proposal, senators voted 35-32 to reject amendments from Sen. Gene Dornink (R) that would have scrapped the worker safety plan.
A Minnesota lawmaker and a labor group pushed back Monday against the telecom industry's opposition to advancing a proposal on broadband workforce safety. The state's Senate planned to weigh the measure as part of a labor omnibus (HF-5242), but senators hadn’t voted by our deadline. The Minnesota Cable Association (MCA), Minnesota Telecom Alliance (MTA) and the Wireless ISP Association (WISPA) warned Gov. Tim Walz (D) that the proposal would discourage carriers from seeking federal broadband equity, access and deployment (BEAD) and other high-speed internet grants.
TikTok will challenge the newly approved “unconstitutional” law forcing ByteDance to sell the platform, it said in a statement Wednesday as President Joe Biden signed the measure.
Nebraska will be the 17th state with a comprehensive privacy law. Gov. Jim Pillen (R) on Thursday signed a legislative package (LB-1074) containing a proposal from LB-1294 from Sen. Eliot Bostar (D). Microsoft supported the bill (see 2404150022) but Consumer Reports says the Nebraska policy, which is similar to a Texas privacy law, doesn’t cover enough businesses and lacks teeth (see 2404120047). “Nebraska lawmakers should use the next legislative session to make much needed improvements to strengthen this law,” CR Policy Analyst Matt Schwartz said Friday.
Maine’s comprehensive data privacy bill came up short in the state Senate on Wednesday. The bill appeared to fail when senators voted 15-18 on a Judiciary Committee majority recommendation that LD-1977 by Rep. Margaret O’Neil (D) “ought to pass.” The House narrowly passed the bill a day earlier in a 75-70 vote. The bill isn't necessarily dead. When the chambers disagree, Maine's legislative process allows each body to insist on their vote. This forces the other side to vote again. A conference committee could also be requested. Both chambers agreed to kill an alternative bill (LD-1973) by Sen. Lisa Keim (R). The House supported a majority recommendation that the bill “ought not to pass” by a 81-63 vote Wednesday. The Senate voted 18-14 for that recommendation on Tuesday. Privacy watchers said LD-1977 is notable for proposing strict data minimization standards (see 2403270045).
Congress should eliminate the FCC’s data breach notification authority and instead allow the FTC to regulate through a federal privacy law, a privacy-focused telecom association told House Commerce Committee members Wednesday (see 2404160034).
A Tennessee bill restricting children on social media will go to Gov. Bill Lee (R). The state House concurred with Senate amendments to HB-1891 in a 90-2 vote Monday. Lee supports the bill, which would require parental consent for kids younger than 18 on social networks (see 2404090018). In Colorado, a social media bill will go on the Senate unanimous consent calendar, the chamber’s Appropriations Committee decided unanimously on Tuesday. The bill (SB-158) would require social media platforms to publish policies and update them within 14 days of any changes to the policies. Also, it would require companies to use reasonable age verification to give users the option of applying certain settings and parental tools for known juveniles under 18. In Wisconsin, bills on minors using social media (AB-373 and SB-385) failed Monday. So did two bills on social media censorship (AB-894 and AB-895). And Wisconsin legislators failed to pass a comprehensive privacy bill (AB-466 and SB-642). Privacy bills failed in previous sessions, too (see 2312190060).