An Illinois bill introduced Friday would amend certain rules governing rights-of-way and utility easements. Introduced by state Rep. Jay Hoffman (D), HB-1737 would clarify that "no additional compensation is required for the installation and maintenance of broadband infrastructure within an easement for electricity or along an existing public road right-of-way." It would also establish rules for "a private right of action and damages for a property owner who is challenging the broadband provider's right to use an easement for broadband services or infrastructure."
Incoming House Commerce Committee Chairman Brett Guthrie, R-Ky., plans on introducing comprehensive and kids’ privacy bills in the new year, he told us Tuesday.
CTA is optimistic it can work with the new Trump administration on tech issues, two of the group's top policy officials told us. The outlook on spectrum policy and other issues isn’t completely clear, they added.
Florida “cannot begin to show that its draconian access restrictions are necessary to advance any legitimate interest it may assert” to protect children, NetChoice and the Computer and Communications Industry Association (CCIA) wrote in a complaint Monday at the U.S. District Court for Northern Florida. The tech industry groups filed a First Amendment challenge against a Florida law set to take effect Jan. 1.
Two consumer privacy organizations assembled a model privacy bill for states that includes a private right of action, making it unlike legislation in nearly all the 20 states that have comprehensive privacy laws. Basing their model bill on the Connecticut Data Privacy Act, Consumer Reports and the Electronic Privacy Information Center said the aim of the model bill is to fill “loopholes” in that measure. Industry likes -- and many state legislators are familiar with -- the Connecticut law, CR and EPIC said Tuesday. Notably, though the model bill has a private right of action, it's narrow and wouldn’t allow lawsuits against small businesses. Under the model bill, consumers could seek relief, including at least $5,000 in damages per violation, from larger companies. Moreover, the model bill provides enforcement by a state attorney general, district attorney or city corporation counsel, and the AG would have rulemaking authority. Most states with privacy bills allow AG enforcement only. The model bill calls for a 60-day right to cure for a limited time. Also, unlike the Connecticut law, the model bill requires data minimization, which limits the amount of data businesses collect from the start. In addition, the CR and EPIC model adds protections for children and sensitive data and clarifies advertising rules contained in the Connecticut bill. When considering specific industries like healthcare that federal privacy covers, the model bill makes exemptions based on the type of data, unlike the Connecticut law, which does so based on the type of entity. As in the Connecticut law, the CR/EPIC model supports browser-based, global opt-out mechanisms. “The State Data Privacy Act was developed in an effort to more meaningfully protect user privacy than we’ve seen in many state laws, while also retaining a format more familiar to state policymakers,” said Matt Schwartz, CR policy analyst. EPIC Deputy Director Catriona Fitzgerald added, “This proposal sets out rules allowing companies to collect and use data in ways consumers expect while putting a stop to the data abuses that happen outside of their view.” Public Knowledge, the Center for Democracy and Technology and the Public Interest Research Group support the model bill, CR and EPIC said. Fitzgerald emailed us Wednesday, "Our next step is to work to get folks [committed] to introduce it."
Texas received $1.4 billion from Meta Tuesday, settling claims the Facebook parent captured biometric information in violation of state law. The same day, tech industry groups sued Texas over a kids’ online safety law. NetChoice and the Computer & Communications Industry Association (CCIA) said the 2023 law (HB-18), which requires that social media companies verify users’ ages and get parental consent for children younger than 18, violates the First Amendment in a way similar to a 2021 Texas social media law that went to the U.S. Supreme Court.
The Senate Commerce Committee plans to mark up privacy legislation when it returns from recess the week of July 23, Chair Maria Cantwell, D-Wash., told reporters Thursday.
Maine and Vermont legislators will reintroduce comprehensive privacy bills next session, lead sponsors told us in interviews. Republican Gov. Phil Scott’s veto of Vermont’s privacy bill hasn’t discouraged supporters from seeking a private right of action (PRA) that Scott and industry opposed, Rep. Monique Priestley (D), the comprehensive measure’s sponsor, said. Meanwhile, in Maine, a veto threat from Gov. Janet Mills (D) means neither party will pursue a PRA in the upcoming session, Sen. Lisa Keim (R) told us. Mills' opposition to a PRA made it a nonstarter this session.
The House Commerce Committee on Thursday canceled its scheduled privacy bill markup amid tensions with Republican leadership over the viability of a bipartisan bill from Chair Cathy McMorris Rodgers, R-Wash., and ranking member Frank Pallone, D-N.J.
A Pennsylvania Senate panel delayed the effective date of a comprehensive privacy bill to one year after it’s enacted. That would be six months later than proposed in a previous version of HB-1201, which unanimously cleared the Communications Committee with the amendment at a livestreamed hearing Wednesday. The change would “give businesses enough time to make the appropriate process changes to comply,” said Chair Tracy Pennycuick (R). “Additionally, the amendment clarifies that a private right of action is not open in conjunction with any other law.” The bill had already said that nothing in it “shall be construed as providing the basis for a private right of action for a violation of the provisions of this act,” with enforcement to be conducted solely by the Pennsylvania attorney general. Sponsor Rep. Ed Neilson (D) said Pennsylvania should pass the “bipartisan” measure to join nearly 20 other states with privacy bills. "We are falling behind the other states that are doing it all across the country." The bill will likely need approval from the Appropriations Committee before it can go to the Senate floor, a Pennycuick spokesperson said. The House voted 139-62 last March to pass HB-1201 (see 2403190009). Microsoft supported Pennsylvania’s privacy bill last year (see 2309060060).