Going on 3 Years, Net Neutrality Debate Continues in Annapolis; Privacy Raised
A Maryland House vice chair asked why the state should pass net neutrality given litigation against other states and possible constitutional hurdles. The Maryland House Economic Matters Committee heard testimony Wednesday on a hybrid net neutrality/ISP privacy bill (HB-957). Two…
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other privacy bills at the hearing in Annapolis covered topics that could be part of an effort this summer by a working group led by Del. Ned Carey (D) to develop a comprehensive data privacy bill for next year, said Comcast Vice President-State Government Sean Looney. Net neutrality bills have come up since 2018 in the state's legislature. Vice Chair Kathleen Dumais (D) asked why Maryland “should go out on a limb” before court decisions for other states facing litigation by ISPs. California and Vermont net neutrality laws are on hold after ISPs sued, noted Dumais. “How do we get beyond the supremacy clause of the U.S. Constitution?” ISPs "will challenge anything,” said Gigi Sohn, Benton Institute senior fellow. Maryland Attorney General Brian Frosh (D) supports HB-957. Frosh was one state AG that challenged FCC repeal. Del. Mark Fisher (R) disagreed with some advocates, doubting network operators would invest if they face restrictions. The bill might have more support if it addressed only privacy, he said. Net neutrality supporters have been declaring the end of the web for the three years the bill has been in the legislature, but the internet has become faster and more reliable, said Comcast's Looney. Don’t weave a patchwork of state net neutrality laws, said cable lawyer Matthew Brill of Latham and Watkins: the supremacy clause precludes state action. Wireless users are protected, and it’s “untenable” for states to regulate a national service, said CTIA Director-State Legislative Affairs Lisa McCabe. Comcast urged lawmakers to delay geolocation and biometrics proposals by Del. Sara Love (D) so the privacy working group can look at it this summer. HB-307 proposes biometric data retention rules. HB-1389 would require opt-in consent and disclosure before businesses can collect, use, store or disclose geolocation information from a location-based app. Frosh's office supports Carey's bill (HB-237) to expand the Maryland Person Information Protection Act, said Assistant AG Hanna Abrams. “If you collect data, protect it,” she said. “If something happens, let people know.” Consumer Reports supports requiring manufacturers to secure IoT devices under Carey’s HB-888, said Policy Counsel Katie McInnis. Del. Warren Miller (R) raised a concern the bill may be too broad by including Bluetooth.