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Minnesota Senate Votes To Bar Selling ISP Data (twincities.com)

Kagato quotes a report from St. Paul Pioneer Press: In a surprise move, the Minnesota Senate on Wednesday voted to bar internet service providers from selling their users' personal data without express written consent. The move was a reaction to a Tuesday vote in Congress to lift a ban on that practice imposed in 2016 by the Federal Communication Commission. Sen. Ron Latz, DFL-St. Louis Park, offered the amendment onto the Senate's economic development budget bill, saying it was urgently needed to protect Minnesotans' privacy after the congressional vote. Latz's amendment was challenged under Senate rules on the grounds that it would impose a cost on a state agency and thus needed to go through committee rather than be added on the floor. Republican Sen. Warren Limmer, of Maple Grove, broke with his party to overturn the Senate president's ruling and allow the internet privacy amendment to continue by a single vote. Once the amendment cleared this procedural hurdle, it was overwhelmingly added to the bill on a 66-1 vote. The lone critic, Sen. David Osmek, R-Mound, said Latz's amendment needed more study and review before being adopted. The Register reports that Illinois has also fought back against Tuesday's vote by approving two new privacy measures. "On Thursday, the state's Cybersecurity, Data Analytics and IT Committee approved two new privacy measures," reports The Register. "One would allow state residents to demand what data companies such as Comcast, Verizon, Google and Facebook is sharing about them. The other would require consent before an app can track users' locations."

112 comments

  1. Terms of Service by transami · · Score: 3, Insightful

    The only problem with this is "express written consent" just becomes an inescapable back door. They'll just put it into their Terms of Service and you won't be able to get service from any ISP without agreeing to them. So this is weak sauce, that looks good but doesn't;t accomplish anything.

    --
    :T:R:A:N:S:
    1. Re: Terms of Service by Anonymous Coward · · Score: 5, Informative

      The Minnesota law says they are required to have an opt out provision and can't deny service.

    2. Re: Terms of Service by DickBreath · · Score: 0

      The opt out provision will be on page 87 of the 89 page service agreement. The form for opting out will be available in the bottom of a locked filing cabinet stuck in a disused lavatory with a sign on the door saying ‘Beware of the Leopard.” When you file the Opt-Out form, you must also attach documentation that your grandfather was eligible to also Opt Out.

      --

      I'll see your senator, and I'll raise you two judges.
    3. Re:Terms of Service by SuiteSisterMary · · Score: 1

      I'd assume that a contract of adhesion doesn't count as 'express written consent.'

      --
      Vintage computer games and RPG books available. Email me if you're interested.
    4. Re: Terms of Service by Anonymous Coward · · Score: 0

      But ... this has been tried ... and if you opt out you will have to pay more for the service. Also, the location thing is already done ... and if you don't allow location data the app (sometimes even the web site) won't work, even for many that really shouldn't need to know where you are.

    5. Re: Terms of Service by cayenne8 · · Score: 4, Insightful

      The Minnesota law says they are required to have an opt out provision and can't deny service.

      It needs to be OPT IN.....why do they have such a problem making it all opt IN, rather than opt out assuming you want your info gathered, analyzed and disseminated?

      --
      Light travels faster than sound. This is why some people appear bright until you hear them speak.........
    6. Re: Terms of Service by Anonymous Coward · · Score: 0

      That depends on how serious the state takes it's own rules. There is something called "the spirit of the law", and if you're caught trying to deliberately game that, authorities generally tend to take a *very* dim view on you.

    7. Re:Terms of Service by kilodelta · · Score: 1

      I found awhile ago you can re-negotiate your contract with an ISP if you're a govt of commercial user. So, ymmv.

    8. Re: Terms of Service by Anonymous Coward · · Score: 0

      Are you going to cry about it now too?

    9. Re: Terms of Service by emaname · · Score: 1

      Since I can't add any mod points to support this comment, I need to add an emphatic "HELL YES" to it.

      ANY time there is a policy that might affect an individual's privacy due to a corporation potentially dispensing that individual's personal data, the default should be to OPT IN to allow the corp to sell the data. Not opting in means "don't sell my freakin' data."

      --
      An effective "democracy" creates the illusion the people have a say in their government.
    10. Re: Terms of Service by Anonymous Coward · · Score: 0

      The Minnesota law says they are required to have an opt out provision and can't deny service.

      It needs to be OPT IN.....why do they have such a problem making it all opt IN, rather than opt out assuming you want your info gathered, analyzed and disseminated?

      Mostly because legislators tend to be lawyers and lawyers aren't trained in engineering best practices.
      Concepts like fali-safe, graceful degradation, loose coupling, and encapsulation tend to be willfully violated and knowing that opt-in should be preferred over opt-out is an implementation of those concepts.

      Really, that's something that probably should change, as the similarity to between software engineering and drafting laws is pretty obvious. It would probably do a lot of good to include some courses about system design in the law curriculum.

    11. Re: Terms of Service by Anonymous Coward · · Score: 0

      I called my congress person's office to complain about him voting for the resolution. The staffer that answered the call said that the resolution or some part of the legislation included aggregation to anonymize users. I was not aware of that facet. It also doesn't make sense. Does anyone know if aggregation was actually part of the resolution or some adjoining legislation?

    12. Re: Terms of Service by gweihir · · Score: 1

      And that is how you do it. While I generally have an exceptionally low opinion of politicians ("those that can neither do nor teach, i.e. those that fail at everything"), somebody in Minnesota seems to at least be able to listen to experts. For a politician, that is a great achievement.

      --
      Most ACs are not even worth the keystrokes to insult them. Be generically insulted by this and ignored otherwise.
  2. This is going to get messy by lbmouse · · Score: 5, Insightful

    How are ISP going to manage their privacy policies if each states has different laws? This is why the FCC needed to regulate the abuse of user data at the federal level.

    1. Re:This is going to get messy by Zaphon · · Score: 2

      The bill overturned (which wasn't even in effect yet) only blocked ISP's while allowing Facebook, Google, etc. to do it. How about a full privacy bill!

    2. Re:This is going to get messy by Opportunist · · Score: 3, Insightful

      That would pretty much invalidate the whole social media business model. Every social media webpage would pretty much lose all its value over night and would have to...

      Where do I sign?

      --
      We used to have a Bill of Rights. Now, with the rights gone, all we have left is the bill.
    3. Re:This is going to get messy by Zaphon · · Score: 1

      And search, advertising, etc. Basically all the things we all hate about the internet but just accept as "normal."

    4. Re:This is going to get messy by Attila+Dimedici · · Score: 1

      No, the FCC did not need to regulate this. Congress needed (needs) to pass a law (although, even better would be for Congress to stop facilitating the creation of monopolies). We do not need unelected bureaucrats deciding what we can and cannot do.

      --
      The truth is that all men having power ought to be mistrusted. James Madison
    5. Re:This is going to get messy by tsqr · · Score: 1

      How are ISP going to manage their privacy policies if each states has different laws? This is why the FCC needed to regulate the abuse of user data at the federal level.

      Maybe something similar to the way auto manufacturers cope with the fact that California has different emissions requirements than other states.

    6. Re:This is going to get messy by pr0fessor · · Score: 1

      The internet would mostly be a bunch of online stores and services you had to subscribe to but at least the services would be ad free.

    7. Re:This is going to get messy by SmokeyRobot · · Score: 1

      Hell let's just roll it completely back and start using Usenet newsgroups.For as much as we all don't like the online advertising and social media business they have done a great and innovative service to the whole of the WWW. (sorry not sorry for the hyperbole)

    8. Re:This is going to get messy by gnasher719 · · Score: 2

      How are ISP going to manage their privacy policies if each states has different laws? This is why the FCC needed to regulate the abuse of user data at the federal level.

      There are two obvious solutions: Make sure that you only sell the data of people outside of Minnesota, and the data of people in Minnesota who have given written consent. OR don't sell that data at all.

      Option 2 is much easier to implement, requires absolutely no changes to your existing systems, and is customer friendly.

    9. Re:This is going to get messy by tomhath · · Score: 1

      but at least the services would be ad free

      Ad free? Nope. The services would still be bloated with ads, just more of them will be non-targeted.

    10. Re:This is going to get messy by Opportunist · · Score: 2

      Oh, Usenet. I kinda miss it, it was almost like the social media bullshit today. About as much spam, but with more openness and less restrictive.

      Plus, as an added bonus, no idiots trying to "friend" you so they get ahead in some bullshit game.

      --
      We used to have a Bill of Rights. Now, with the rights gone, all we have left is the bill.
    11. Re:This is going to get messy by Opportunist · · Score: 1

      You mean, like, say, how it was 20 years ago?

      --
      We used to have a Bill of Rights. Now, with the rights gone, all we have left is the bill.
    12. Re:This is going to get messy by caseih · · Score: 2

      Frankly, who cares how difficult it is for the ISPs. This is just a fact of life about how the US is set up and runs. Companies already have to navigate state-specific regulations. And if the states can and should regulate and enforce privacy, why not let them do it and assume the burden?

      So while I disagree with almost everything the Republican Party stands for, on this I can certainly see their point. Why not let the local government, who theoretically has a better handle on the needs of its citizens than the federal government, decide what privacy is needed and enforce it on companies?

      It's actually a similar thing things like car fuel economy regs. Why does the federal government need to concern itself when California already sets high standards? It's not like car companies are going to make two cars, one dirty and fuel-guzzling for the rest of the US, and another clean, lean one for California. But I digress.

    13. Re: This is going to get messy by Anonymous Coward · · Score: 0

      Be careful what you wish for! Big business is now taking hostages, look what just happened in North Carolina, the NCAA and some other large tech concerns decided to demand the state repeal or at least alter legislation. Now maybe it's an issue the folks of NC were split 50/50 on and regional divisions existed. Maybe you see the NCAA little coup as a victory for equal rights of some imaginary group or whatever. It's still a dangerous precedent!

      What happens if comcrap says you know we have our right of ways and monopoly cable provider agreements with the municipalities that are good for a decade or more. MN is now less profitable than every where else let's just not invest there, no new tech no friendly pricing because customer aquisition isn't worth it.

      You might find yourself being left behind in MN or the state may be forced to change the rules some Comcrap will offer new tech there, essentially surrendering its sovereignty. This is a dangerous game to play

    14. Re:This is going to get messy by pr0fessor · · Score: 1

      There are some services I wish would have a subscription model available for an ad free experience but that doesn't really happen that much.

    15. Re:This is going to get messy by jordanjay29 · · Score: 1

      So instead we get election-by-gerrymandering bureaucrats deciding what we can and cannot do?

    16. Re:This is going to get messy by Archangel+Michael · · Score: 1

      We do not need unelected bureaucrats deciding what we can and cannot do.

      Of course we do. We need to be overlorded or else the Terrorists/GlobalWarming/Trump/Pelosi/IRS/NSA/Russia/NRA/NOW/Gays/Christians/Whites/Illegals wins!

      Duh

      --
      Agent K: A *person* is smart. People are dumb, stupid, panicky animals, and you know it.
    17. Re:This is going to get messy by Attila+Dimedici · · Score: 1

      At least in that case it is possible to throw them out. It takes work, but it can be done. I fully understand that most people are too lazy for democracy and much prefer some form of tyranny.
      If you are willing to make the effort, you can change things. Most people are not willing to make the effort.

      --
      The truth is that all men having power ought to be mistrusted. James Madison
    18. Re:This is going to get messy by swb · · Score: 1

      I suspect that this is kind of a hidden intent in the Federalist system -- if a policy or business behavior is noxious enough to get specifically banned by a group of states such that it becomes difficult for a multi-state organization to choose between "safe" behavior permitted nation-wide vs. the extra work of engaging in the banned behavior and managing the overhead of where it's allowed then organizations will more than likely choose to drop the noxious behavior everywhere.

    19. Re:This is going to get messy by Anonymous Coward · · Score: 0

      Easy, not operate in every state.

      Them operating in every state is a big root problem of the issues we face with "last mile" implementations. 50x4~5 smaller companies would have MUCH bigger incentive to actually lay fiber to every location than our current 4~5 big national companies (that don't overlap service in most places)

      It is not the state's responsibility to enable its companies to operate easily in other states. If anything it is the Federal Government's responsibility to set -minimum protections- for consumers. But I don't think that should forebid states from setting HIGHER standards for its citizens.

      Either be 'states rights' or don't be... but at least be consistent with your POV.

    20. Re:This is going to get messy by Thelasko · · Score: 1

      How are ISP going to manage their privacy policies if each states has different laws? This is why the FCC needed to regulate the abuse of user data at the federal level.

      Well, the federal government is the highest law of the land. I haven't read the law created by the US congress, and I'm not a lawyer, but if the federal bill expressly permits the selling of user data, the states can't create legislation that requires the opposite.

      i.e. federal law overrules state laws.

      --
      One of our competitors trademarked the term "hypothesis". From now on, we will call them "boneheaded ideas".
    21. Re:This is going to get messy by Tablizer · · Score: 2

      Companies already have to navigate state-specific regulations.

      That's like reasoning that since your backyard pool already has alligators inhabiting it, it's okay to also put piranhas in it.

      Why not let the local government, who theoretically has a better handle on the needs of its citizens than the federal government, decide what privacy is needed and enforce it on companies?

      It hurts international competitiveness because companies have spend resources dealing with local laws that cover the same issue differently. You could use "broken window theory" of economics to say it creates jobs for lawyers and system implementators, but it will make doing business more expensive in the USA, and thus potentially hurt the exportability of our products and services.

      I can perhaps see it from a "political freedom" perspective, but NOT a job creation mechanism for the middle class, like T claimed.

      Why does the federal government need to concern itself when California already sets high standards? It's not like car companies are going to make two cars, one dirty and fuel-guzzling for the rest of the US, and another clean, lean one for California.

      This directly illustrates the problem. TX won't want to pay extra for cars because CA has higher pollution standards. The "W" Bush admin actually fought with CA on this issue, trying force CA to accept lower standards because most states wanted lower standards to have cheaper cars (or more profits for Detroit).

      It seems GOP wants to make it a "states rights" issue when it benefits the 1% but issue nation-wide edicts when states rights gets in the way. They wanted this also on healthcare: force CA to accept TX's low medical standards to allegedly increase cross-state competition.

      Thus, "political freedom" is just a rouse for GOP. The 1% is really their focus.

    22. Re:This is going to get messy by Kagato · · Score: 1

      Because that would be interstate commerce. And the state wouldn't be able to defend the bill. By concentrating on the local point of presence they can narrow the scope.

    23. Re:This is going to get messy by GLMDesigns · · Score: 1

      I guess you don't yet realize that the Republicans (as with the Dems) are a coalition of factions.

      Small government libertarians != big government social conservatives != corporatist.

      Republicans, just as the Democrats have parties that disagree strongly with each other

      Labor v Environmentalists
      Labor v Open border

      And in some cases there is union between the two parties: Example, Corporatists in both the Rep and Dem party are for open borders

      All this to say that the statement "political freedom" is just a rouse for GOP. The 1% is really their focus. is inaccurate.

      Libertarians are dead set against this, as are "main-street" republicans and social conservatives.

      --
      If you're scared of your govt then you need to further restrict its powers
      Vote 3rd Party in 2016 and beyond
    24. Re:This is going to get messy by Anonymous Coward · · Score: 0

      They deserve that for lobbying for such garbage rules at the federal level.

    25. Re:This is going to get messy by Anonymous Coward · · Score: 1

      The Regulatory State (federal and below) developed because The Legislature doesn't have time to deal with administrative details. That's always been the case - Kings & Queens have Prime Ministers; the US has a President (the latter is NOT a King; he (so far) executes the laws and his discretion in doing so is not unlimited); states have a Governor and cities have Mayors to do the same thing; even a tribal chief usually has a subchief or chief of staff to get the orders carried out. It's even more important now that most of a Legislator's day is taken up by fundraising, not actually legislating. Occasionally the Regulators need to be brought up short by a court or (through new or revised laws) the Legislature itself - that's how the limits of their discretion are defined and enforced. And there ARE limits, believe it or not.

      The Law specifies WHAT is to be regulated. Regulations specify HOW that law will be carried out and administrative interprets grey areas in the law. Courts can determine whether regulations are developed properly (administrative procedures) and whether they comply with the law. The Legislature can, of course, change the law.

    26. Re:This is going to get messy by Anonymous Coward · · Score: 0

      How are ISP going to manage their privacy policies if each states has different laws? This is why the FCC needed to regulate the abuse of user data at the federal level.

      Maybe something similar to the way auto manufacturers cope with the fact that California has different emissions requirements than other states.

      Not for long, Clyde!

    27. Re:This is going to get messy by Tablizer · · Score: 1

      Small-govt-ists and corporatists are pretty much the same thing. Small gov't in practice means corporations fill the void/swamp. Libertarians romantically decorate their "small gov't" claims by saying it enables freedom for ordinary folks, but that mostly stopped working after mass industrialization, and the winner-take-all pattern is ever growing (network effect).

      The FCC tracking dereg vote was almost purely along party lines.

    28. Re:This is going to get messy by Obfuscant · · Score: 1

      Maybe something similar to the way auto manufacturers cope with the fact that California has different emissions requirements than other states.

      I'm amazed that anyone here would try equating "the Internet" with some limited number of physical objects. Very expensive physical objects at that.

      Think about it for a minute. What do the California laws for emissions require? Cars that are sold within the state of CA, (and licensed therein) must meet certain emissions standards, which are tested on a regular basis when you renew your vehicle registration.

      The Internet is a world-wide operation, and people who live in CA may buy Internet service from a company in New York and may use a VA address when doing so. Care to explain how the ISP (which is headquartered in FL) knows which state laws to apply to which user?

      Oh, I forgot. The IP address uniquely identifies each internet user, so just keep a database...

    29. Re:This is going to get messy by GLMDesigns · · Score: 1

      No!!!

      I'm a small-government libertarian and I assure you I am not a corporatist. In case it matters the very concept of "laissez-faire" arose in opposition to mercantilism (the 18th C word for corporatist).

      So. Laissez-faire (small-government libertarian) types are very much opposed to corporatism.

      --
      If you're scared of your govt then you need to further restrict its powers
      Vote 3rd Party in 2016 and beyond
    30. Re:This is going to get messy by harperska · · Score: 1

      You are deluding yourself if you think laissez-faire benefits anyone other than the megacorporations and the 1%ers who own/run them. Someone will always wield power. When government cedes its economic and regulatory power, it falls to the next most powerful entity - the large corporations - who will then write the rules for themselves.

    31. Re:This is going to get messy by Anonymous Coward · · Score: 0

      The bill overturned (which wasn't even in effect yet) only blocked ISP's while allowing Facebook, Google, etc. to do it. How about a full privacy bill!

      There is a rather important difference between those things which while colloquially synonymous with "the Internet" are not actually structurally required for communication over the Internet and ISPs, which are actually required (closest you can come to not having an ISP is acting as your own).

    32. Re:This is going to get messy by l0n3s0m3phr34k · · Score: 1

      Both lead to situations like ALEC, the "non profit" who writes up very pro-corporate laws and then gets their collaborators in various state and local governments to pass them. I'm all for "individual rights" and "market freedom", but it's impossible for a single person to be able to fight their way against the corporatist beachhead that is a blob of non-profits like ALEC, Heritage Foundation, Kock brothers, and their billions of dollars. So people need to organize together...however that is what our "government" is supposed to be. "Government of the people, by the people, for the people" as Abraham Lincoln said. Not "Government of the consumers, for the shareholders".

    33. Re:This is going to get messy by GLMDesigns · · Score: 1

      Guess I'm f**king deluding myself that a small gov't means that corporations can't use the govt to suit itself. Maybe, just maybe, growing the govt means more power to corporations who collude with the govt

      --
      If you're scared of your govt then you need to further restrict its powers
      Vote 3rd Party in 2016 and beyond
    34. Re:This is going to get messy by interkin3tic · · Score: 1

      Presumably they are going to say "No, we're not breaking minnesota's privacy laws" a lot, followed by "prove it in court" followed by "Oops, we're sorry, here's the slap on the wrist fees" followed by "No, we're not breaking minnesota's privacy laws"...

    35. Re:This is going to get messy by NotARealUser · · Score: 1

      It will not be that hard. I used to build software in the tax industry. Do you know how many regional tax rules are out there? Yet, somehow, everyone manages to get along with that. Besides, every single ISP already has to deal with not only state regulations, but even the local community regulators when providing service to the area. This will be no different. It is just one more template that must be customized for the jurisdiction. Besides, they could always opt for the easy option and just choose to do right by their customers and NOT SHARE their customers' data.

    36. Re:This is going to get messy by Tablizer · · Score: 1

      As a business, if there is nobody to bribe to do X instead of Y, then you can do X yourself. Gov't would just be the middle man.

      For example, suppose Biz A wants to dump pollution into a river. With a gov't, they'd have to bribe/manipulate the gov't to allow them dump pollution. If there is no gov't or a small gov't who doesn't regulate rivers, then Biz A simply dumps.

    37. Re:This is going to get messy by harperska · · Score: 1

      The only time businesses and the government collude specifically for the benefit of the corporations rather than just to get the government out of the way as Tablizer is getting at, is when government is actually the customer of the business. The biggest and most obvious example of this is the military industrial complex. Does your small-government libertarianism also include a desire for a small military, and thus an end to the business model of companies like Lockheed Martin?

    38. Re:This is going to get messy by apoc.famine · · Score: 1

      I'm going to start a business (in Delaware, of course) that sells a VPN based in MN if this passes.

      --
      Velociraptor = Distiraptor / Timeraptor
    39. Re:This is going to get messy by tsqr · · Score: 1

      I'm amazed that anyone here would try equating "the Internet" with some limited number of physical objects.

      I would be amazed by that as well. Of course, I didn't compare "the internet" to cars. I compared the ability of car manufacturers' ability to craft policy to the ability of ISPs to craft policy.

      If you didn't know, the way car manufacturers cope with the California emissions standards is by making cars that comply with those standards. Those cars are referred to as "50 state compliant', a class that includes almost all cars manufactured for sale in the United States. A small number of cars are "49 state compliant", which means they can't be sold in California. Not being able to sell your car in California means you miss out on a significant portion of the US market.

      If enough states pass laws similar to Minnesota's, the ISPs will most likely cope by complying with those laws everywhere, because the cost of sorting the traffic covered by those laws from the traffic that isn't, will be higher than the potential revenue to be gained by selling information gleaned from the traffic not covered by the laws.

    40. Re:This is going to get messy by Obfuscant · · Score: 1

      Of course, I didn't compare "the internet" to cars. I compared the ability of car manufacturers' ability to craft policy to the ability of ISPs to craft policy.

      That is an implicit equating of cars to the Internet, otherwise you cannot claim that the ability to have state-level policies for one means you can have effective state-level policies for the other.

      Those cars are referred to as "50 state compliant',

      And every penny of what it costs to add that compliance is paid for by the customer. It's a negative selling point in 49 states. And it does not apply to used cars in those states.

      If enough states pass laws similar to Minnesota's, the ISPs will most likely cope by complying with those laws everywhere,

      What if the laws are not identical? How does an ISP know someone lives in MN vs CA vs OH vs ...? Do you want the prices of service to go up for everyone, like the prices of cars are higher because of California emissions gear? Aren't internet prices too high already? Should we force everyone to pay for MN's legislation? I didn't elect anyone who voted for it, so where's my "no taxation without representation"?

    41. Re:This is going to get messy by DarkOx · · Score: 1

      You are deluding yourself if you think laissez-faire benefits anyone other than the megacorporations and the 1%ers who own/run them.

      That just inst true. Real libertarian policies don't favor mega corps at all. Imagine if we had not done the bank bailouts, the auto bailouts, etc. Most of the mega corps you can name and their owners would be nothing today. Mega corps EXIST and only can exist because of interventions and entry barriers large government provides. In absence of those things big ~= brittle, and brittle things break before they get to big.

      There is a reason the natural world isn't ruled by giant lizards any longer but by small mama ls and insects. Yes there are still some BIG whales and elephants out there but they are mostly endangered and not competitive. These same rules and evolutionary forces apply to markets.

      --
      Repeal the 17th Amendment TODAY! Also Please Read http://www.gnu.org/philosophy/right-to-read.html
    42. Re:This is going to get messy by Anonymous Coward · · Score: 0

      If they know where to send your bills, they know where you live. Logic never was your strong suite, I guess.

    43. Re:This is going to get messy by GLMDesigns · · Score: 1

      Small government libertarians != anarchists.

      The courts easily deal with this scenario.

      --
      If you're scared of your govt then you need to further restrict its powers
      Vote 3rd Party in 2016 and beyond
    44. Re:This is going to get messy by GLMDesigns · · Score: 1

      You mean to tell me government isn't used to protect and give things to industry? Really?

      I'm not talking about accelerated deductions (which I'm for by the way) but removing or capping liability for preferred industries (nuclear) or putting quotas, duties, loans, favoring one industry over another, and in times of extreme corruption favoring specific companies (Solyndra anyone). This is the collusion btwn business and gov't that is fought best by having the concept of limited government firmly in mind when selecting elected officials.

      --
      If you're scared of your govt then you need to further restrict its powers
      Vote 3rd Party in 2016 and beyond
    45. Re:This is going to get messy by Anonymous Coward · · Score: 0

      The bill overturned (which wasn't even in effect yet) only blocked ISP's while allowing Facebook, Google, etc. to do it. How about a full privacy bill!

      Because social media isn't even remotely the same as ISPs. I can choose not to use Facebook, Twitter, etc, but I can't choose not to connect to the internet. And don't give me that crap about 'competition'.

  3. More states to follow? by Anonymous Coward · · Score: 0

    Let us all hope so. We get to sort who's corrupt to the core and who's actually interested in their constituency for more than votes.

    1. Re:More states to follow? by Anonymous Coward · · Score: 0

      to bad my flyover backwaterstan state in the corn belt has no chance in hell of doing this with one of the worst republican super majority percentages in the country.

      The same morons who outright said the voters don't know how to vote properly when we passed an anti corruption bill to get rid of money out of politics. Not only did they say fuck you to the voters and made a new law to appeal it they increased the limits at the same time. So yea no hope for us.

      anyone got a good lead on a sysadmin job in MN

    2. Re: More states to follow? by Anonymous Coward · · Score: 0

      Please name your state so we know to avoid it for sure.

    3. Re: More states to follow? by harperska · · Score: 1

      Best avoid that whole region altogether.

    4. Re:More states to follow? by harperska · · Score: 1

      It is interesting that MN pulled this off, considering we currently do have a republican controlled legislature.

      If you're serious about looking for a sysadmin job, MN has a pretty good tech scene, probably the best outside of the coasts. Just float your resume out there and you will probably find something to your liking.

  4. Hear hear! by rmdingler · · Score: 1
    This will be an interesting test of the power of State versus Federal authority, but anything that slows the rapid repeal of privacy rights is welcome news.

    A strong federal government is important in a lot of ways, but the State's right to redress grievances in court is another important check & balance.

    --
    Happiness in intelligent people is the rarest thing I know.

    Ernest Hemingway

  5. Ohio .... by Anonymous Coward · · Score: 0

    Now I suddently want to move to Minnesota. I'm not considered "meat" but actually a person - something that is an essential part of being in a democracy and participating in free-market capitalism.

    Good on you, Minnesota. You are leading New York and Silicon Valley by wide margins.

    Perhaps I should consider moving to Minnesota - where government actually gives two seconds of thoughts about folks they represent.

    1. Re:Ohio .... by olsmeister · · Score: 1

      Minnesota has done a few things recently on a state level that made me think there is a certain amount of mid-western sanity that they should start sharing with the coasts.

    2. Re:Ohio .... by Anonymous Coward · · Score: 0

      Yeah, we're only in the business of wasting slightly over $1bn of taxpayer money on private enterprise here in Minnesota (funding for the Vikings stadium boondoggle).

      The MN legislature does manage to keep their heads mostly out of their asses, though. However, I don't think that there is enough sanity in the world to fix the tidal waves of freakish insanity I've seen in coastal municipal governments. (We can't even export enough to fix Illinois.)

    3. Re:Ohio .... by judoguy · · Score: 1

      Sure, we waste a lot of money but at least the taxes are really high. And it's cold.

      --
      Peace is easy to achieve, just surrender. Liberty is much harder get/keep.
    4. Re:Ohio .... by Anonymous Coward · · Score: 0

      You could have it a lot worse, come to Wisconsin.

    5. Re:Ohio .... by harperska · · Score: 1

      The GOP is hard at work 'fixing' the cold part.

  6. Messy? Who Cares, this is a privacy win! by adosch · · Score: 5, Interesting

    I envy Minnesota's senate. Thank you for doing the right thing. This whole law push through congress is just a pocket-lining exercise for a ton of Republicans who have skin-in-the-game to gain money off selling of personal data.

    If the FCC cared, they'd have had this ironed out years ago. The 'Big 3' have been doing this for years (Facebook, Google, Apple) but it's a bit different when it's an ISP; that's probably the most intimate of an agreement you have to get on/in/use the internet of any kind. When that level of privacy is breached, what's left, really?

    People are right, and I'm not new to say this: As much as I commended it, so what if a law is passed, in the end as an extreme end-user, I'm doomed by the ISP(s) I have access to pick a service from that don't intertwine the "we-dont-care-what-the-law-says-use-our-network-and-your-data-gets-sold" stranglehold. It's just disgusting anymore.

  7. Minnesota porn by Anonymous Coward · · Score: 0

    Wait till those legislators get their porn habits sold!

    HAH-AHAHHAHAH!

    1. Re:Minnesota porn by Anonymous Coward · · Score: 0

      Minnesota porn is boring, all the girls are in big parkas and the only holes the guys are interested in are on frozen lakes.

  8. There is already "fake news" circulating by davecb · · Score: 1

    Trolls are already pushing "it's illegal to pay for the browsing history of the politicians", pointing to an article[1] that says some things "arguaby" may still be prohibited by laws, pased previous to the FCCs regulation. Watch out for "false facts" here.

    --dave
    [1. http://www.theverge.com/2017/3/29/15115382/buy-congress-web-history-gop-fake-internet-privacy]
    see also https://yro.slashdot.org/story/17/03/29/1717201/activist-starts-a-campaign-to-buy-and-publish-browsing-histories-of-politicians-who-passed-anti-privacy-law

    --
    davecb@spamcop.net
    1. Re:There is already "fake news" circulating by Anonymous Coward · · Score: 0

      The Minnesota ruling simply rolls back the law, last weeks congress vote simply removed the consent requirement. This is how it's been for many years and the number of ISPs selling user data is zero!

    2. Re:There is already "fake news" circulating by tsqr · · Score: 1

      The Minnesota ruling simply rolls back the law, last weeks congress vote simply removed the consent requirement. This is how it's been for many years and the number of ISPs selling user data is zero!

      The consent requirement was not a law; it was an FCC regulation. What Congress passed recently was not a law, but a joint resolution.

      The consent requirement was only in effect for a few months, so killing it does not upend any long-standing privacy related policy.

    3. Re:There is already "fake news" circulating by davecb · · Score: 1

      I mildly suspect that it's the number of ISPs who admit to selling information is zero.

      --
      davecb@spamcop.net
    4. Re:There is already "fake news" circulating by tsqr · · Score: 1

      I mildly suspect that it's the number of ISPs who <i>admit</i> to selling information is zero.

      You're right, but that doesn't alter the fact that in the long term (i.e., except for the recent few months), the joint resolution doesn't change anything.

    5. Re:There is already "fake news" circulating by davecb · · Score: 1

      When the Canadian house and senate do a joint resolution, they usually mean "Hey everybody, look at this! We want you do do it this way!"

      Regrettably the's no case law on it in Google Scholar (someone with Pacer should check), so an ISP is free to take an interpretation from his lawyer, and the lawyer to take his interpretation from the sense of the resolution.

      Bother!

      This, by the way, is now part of the reopen-NAFTS discussions with Canada, so we can be dragged into having to do the same thing unless the US gets it right

      --
      davecb@spamcop.net
  9. Not Necessarily by WheezyJoe · · Score: 1

    They'll just put it into their Terms of Service and you won't be able to get service from any ISP without agreeing to them. So this is weak sauce, that looks good but doesn't;t accomplish anything.

    Depending no how the law is written, any conflicting clause of the Terms of Service would simply be unenforceable. So, it may accomplish quite a bit (if you live in Minnesota, at least).

    --
    Take it easy, Charlie, I've got an Angle...
    1. Re:Not Necessarily by Anonymous Coward · · Score: 0

      Unenforceable sure, but I've yet to see a way of definitively knowing if your ISP is selling your data. They could say one thing and do the other.

    2. Re:Not Necessarily by WheezyJoe · · Score: 1

      Unenforceable sure, but I've yet to see a way of definitively knowing if your ISP is selling your data. They could say one thing and do the other.

      Sadly, this is true. So long as there's no federal prohibition against this kind of thing, ISP's will have no reason not to invest in the infrastructure to collect data, and then try and monetize it. With laws like Minnesota's, the burden would be effectively shifted to consumers (or perhaps state's attorneys general, depending on how the law is written) to catch the ISP's in violation, and then sue. By then, your browsing habits are already sold to third-parties, probably out-of-state. The best we can hope for is many states passing similar prohibitions, all providing the possibility of very large fines, so that ISP's would recognize a substantial risk of losing a LOT of money if they sell data. But ISP's could foreseeably tie things up in litigation for years and years while they pocket their profits.

      Minnesota's law is not useless, but it's not a cure either.

      --
      Take it easy, Charlie, I've got an Angle...
    3. Re: Not Necessarily by Anonymous Coward · · Score: 0

      Make violations a criminal act with large fines. Revoke their franchises. Nail the CEOs to the wall by their nuts.

  10. State legislators lead interesting lives by Anonymous Coward · · Score: 0

    like some of the rest of us-- dept

  11. What about Google? Facebook? by Anonymous Coward · · Score: 0

    Why do Google and Facebook get a free pass on this?

  12. You have low standards by Anonymous Coward · · Score: 0

    ISPs aren't even in this game yet. But Google and Facebook have been curbstomping and strip mining your privacy for years.

    If you think this is a win, you have some extremely low standards.

    The real game has barely begun.

  13. Will not hold up in court by Anonymous Coward · · Score: 0

    I thought states couldn't amend federal laws unless the US congress specifically allowed it, and then only in ways that the congress allowed.

    1. Re:Will not hold up in court by Anonymous Coward · · Score: 0

      yeah sorta like legalized marijuana.

    2. Re:Will not hold up in court by Anonymous Coward · · Score: 0

      And what law does this amend? The asstrumpet bootlickers decided that there is no law.

      You can't amend something that doesn't exist. Logic 101, and you failed it. If the asstrumpeteers want to have this overruled, they first have to create new rules which specifically states that ISP's are allowed to sell out their customers, and then it'll be interesting to see how the people supposedly against "big government" trying to justify the congress running roughshod over the individual states...

  14. no borders by Anonymous Coward · · Score: 0

    the internet has no borders. eventually your data routes through countries or systems that don't have to abide by these feel good laws.

    1. Re:no borders by damn_registrars · · Score: 1

      The internet has no borders but your ISP is an established business and operates somewhere. If you are using an ISP that is based in MN (as most Minnesotans are) then they have to abide by this law. Of course facebook, google, and others are located elsewhere, but they are also not ISPs. The very headline here explicitly states ISPs.

      --
      Damn_registrars has no butt-hole. Damn_registrars has no use for a butt-hole.
    2. Re:no borders by Anonymous Coward · · Score: 0

      your isp has to get connectivity from someone else. markets will be created to sell this data no matter what feel good laws are passed. btw I support the ISP's selling your data.

    3. Re:no borders by Anonymous Coward · · Score: 0

      As for the ISP: if it's one of the Big Boys like Comcast, Cox, AT&T, they're based ... where? Anywhere but MN. What's "based"? The *company* is incorporated, probably, in Delaware. The corporate HQ is probably in $SOUTHERN_STATE or in NY City. Yes, there's a Big Router or data center in the state, but that's hardly where the COMPANY is based. Easy to get around...

    4. Re:no borders by davecb · · Score: 2

      If they're doing business in MN, the Minnesota courts can enforce the law. (BTW, that's been around since the Hanseatic league, who introduced it)

      --
      davecb@spamcop.net
  15. Not a surprise to Minnesotans by damn_registrars · · Score: 1

    Several democrats who ran for state senate had this as part of their platform. This was an issue that was brought up at multiple caucuses across the state and in the state convention as well. The only surprise is that their were some republicans who were willing to favor people over profit on this vote and join with the democrats.

    --
    Damn_registrars has no butt-hole. Damn_registrars has no use for a butt-hole.
    1. Re:Not a surprise to Minnesotans by cmdr_klarg · · Score: 1

      Several democrats who ran for state senate had this as part of their platform. This was an issue that was brought up at multiple caucuses across the state and in the state convention as well. The only surprise is that their were some republicans who were willing to favor people over profit on this vote and join with the democrats.

      There are quite a few of the GOP MN state legislators that are more moderate (at least the ones from my area). The state GOP controls both the House and Senate, but they can't simply push their agenda too hard due to Governor Dayton's veto power.

      --
      THE SOFTWARE, IT NO WORKY!!!
    2. Re:Not a surprise to Minnesotans by damn_registrars · · Score: 1

      Several democrats who ran for state senate had this as part of their platform. This was an issue that was brought up at multiple caucuses across the state and in the state convention as well. The only surprise is that their were some republicans who were willing to favor people over profit on this vote and join with the democrats.

      There are quite a few of the GOP MN state legislators that are more moderate (at least the ones from my area).

      We do have an interesting collection of ducks from the 2016 election. Ultimately though as was the case nationwide, the overwhelming majority of candidates anywhere who ran for re-election were rewarded with another term. Hence which the balance shifted slightly the overall composition changed little.

      The state GOP controls both the House and Senate, but they can't simply push their agenda too hard due to Governor Dayton's veto power.

      Correct. The state GOP does not have enough votes in either chamber this session to override a veto on a straight party-line vote. They do have the option to do nothing and shut down the state government (which they have done before) though. It will be an interesting dance.

      --
      Damn_registrars has no butt-hole. Damn_registrars has no use for a butt-hole.
  16. Re:What about Google? Facebook? by tomhath · · Score: 1

    Because one has nothing to do with the other.

  17. VPN endpoints in Minnesota by Anonymous Coward · · Score: 0

    Well if it passes the House and whatever Fed retaliation occurs, this would be a golden opportunity to set up a VPN service that had it's endpoints in Minnesota so that anyone could enjoy the privacy.

  18. pathetic by Anonymous Coward · · Score: 0

    Most people seem to be looking at this from the privacy aspect.

    I also find it very sad. Sad that ISPs have nothing of value to offer and are reduced to peddling lists of names. Sad that other companies, offering little value themselves, are reduced to buying lists for cold-calling.

    That's the American economy these days, selling "opportunities" priced as if they were results.

  19. States exercise their power when Feds step aside. by trowlFAZ · · Score: 0

    WOW - the federal government DOESN"T HAVE to DO EVERYTHING. The state's are using THEIR power. Liberal snowflakes, untwist your panties, all is well.

  20. hypocrits by Anonymous Coward · · Score: 0

    credit cards and banks do this all the time which is far more personal.

  21. Re:Messy? Who Cares, this is a privacy win! by Tablizer · · Score: 1

    I hope my state adopts something similar. This is actually how the "Federalist" model is supposed to work: each state regulates what and how they want to.

    However, it can result in fractured laws where a corporation has to consider up to 50 laws (and more if county-specific ones appear) instead of just one. In other words, "poor factoring".

    The same could happen to laws on the environment, finance, labor, etc. per GOP deregulation. California has even threatened to start its own space program to launch environmental research satellites if NASA's science is gutted.

    State granularity of somewhat similar laws is good job security for lawyers; but efficiency, and thus international competitiveness may take a hit. "Deregulation" may instead result in messy regulation.

  22. Re:What about Google? Facebook? by Kagato · · Score: 1

    Because they aren't common carriers.

  23. Re:Messy? Who Cares, this is a privacy win! by Altus · · Score: 1

    yeah except with the environment your state gets to poison mine regardless of the laws passed in my state. While having 50 privacy laws is a workable, if stupid, way to handle things like ISP data, it doesn't work for the environment.

    And if states like California, who already put far more into the federal government than they get back, end up having to fund things like space exploration and environmental protection and basically everything else that is being cut from the budget, what reason do they have to keep paying into the federal government.

    Federalism is all about the taker states getting their way while the maker states foot the bill. Its not sustainable.

    --

    "In America, first you get the sugar, then you get the power, then you get the women..." -H. Simpson

  24. Re:Messy? Who Cares, this is a privacy win! by Zontar_Thing_From_Ve · · Score: 1

    If the FCC cared, they'd have had this ironed out years ago.

    Perhaps you don't know how the FCC works. They suffer from exactly the same political party biases as any part of Washington D.C. does. They have a board of 5 commissioners and by law no more than 3 can belong to the same political party. The current makeup is 2 Republicans and 1 Democrat and 2 unfilled seats. I don't know why the 2 seats are unfilled. Could be that Obama appointed people and the Senate refused to consider them. As far i know there's nothing to stop Trump from appointing a Republican to one vacant seat and leaving the other vacant, giving the Republicans a 3-1 edge. The FCC has been in Republican control for a really long time now. Michael Powell, Gen. Colin Powell's son, ran them for a while but he was controversial as he always sided with big business on everything they wanted. I don't know if it's fair to say they don't care so much as it is more accurate to say the Republicans have the majority there and they definitely don't care.

  25. Re:Messy? Who Cares, this is a privacy win! by Anonymous Coward · · Score: 0

    Did you know the MN senate is Republican controlled, granted just barely, and that this was a unanimous vote.

    We are also one of the few states fighting the whole "real id, register everyone"

    I think a lot of the privacy/security support in the MN legislature comes from the medical and data storage influences in the area.

  26. States have little power by bussdriver · · Score: 1

    States are weak; given enough time and/or corporate opposition states can be overpowered. Huge multi-state corporations like our ISP monopoly or duopoly powers have more influence than they do at a federal level. This is why local public community ISPs are illegal in some states where the rights of communities are infringed upon.

    RIGHT TO REPAIR has been showing just how powerless states are even when their overly represented rural citizens are worked up. Right to repair didn't matter enough until John Deer started fucking over farmers.

    It is stupid to think that only one party wants more federal power. Both parties resort to federal power when necessary to achieve their goals. It can be argued the liberals resort to it MORE because their issues are more often social justice issues; therefore, they are about human rights and those belong as far reaching as possible (even if you do not recognize those rights; then such localization talk is just a really opposition tactic to limit the scope of such rights -- such as free speech zones...)

  27. Lawsuits vs. Regulation [Re:This is going to get m by Tablizer · · Score: 1

    Courts are mostly after-the-fact "solutions". Pollution regulations often require a company to log and monitor their own expulsions. To break the law you have to actively forge documents and test results. If we rely on lawsuits, there is little incentive to "fly right" being a lawsuit could be distant and delay-able with enough legal finagling. Corporations only tend to think about 5 years out. The internal executive mantra is "get big, get laid, then leave for another company".