Federal judge rejects much of legal challenge to Maine internet privacy law - Press Herald

A federal judge has rejected most of the challenge to Maine’s internet privacy law.

The law, which just took effect on July 1, requires internet service providers to get consumers’ consent before using or sharing their internet-use data.

Internet Service Providers sued in February seeking to block the law, which sets some of the strictest consumer privacy rules in the country. The law was modeled on a rule adopted by the Federal Communications Commission under President Obama, but overturned under President Trump in 2017.

The ISPs argued that Maine’s law violates First Amendment protections by, among other things, restricting the providers from advertising or marketing services to customers or from offering discounts or rewards in loyalty programs.

But federal Justice Lance Walker turned down the challenge Tuesday, calling it a “shoot-the-moon argument.”

“Like Harold with a purple crayon, Plaintiffs have drawn themselves a steep mountain to climb” in seeking a quick ruling, Walker said.

“Not all speech deserves the same level of protection,” Walker wrote in his ruling, going on to say that commercial speech is generally afforded less First Amendment protection than political and other forms of speech.

Both sides had asked for a ruling on three counts of the five-part challenge to the law and Walker rejected the ISPs’ request and instead granted the state’s. The suit on the other two counts is still proceeding.

“While there will be more litigation, this initial ruling is a huge victory for Maine consumers and for our state’s efforts to take appropriate measures to protect their privacy,” Attorney General Aaron M. Frey said.

An email seeking comment on the ruling from the lead attorney for the ISPs was not immediately returned Tuesday afternoon.

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