Ventura body slams ISP lobby on privacy

Computerworld - Minnesota Gov. Jesse Ventura this afternoon signed a controversial Internet privacy bill that one Internet service provider (ISP) lobbying group said would force ISPs to abandon the North Star State. The bill prevents ISPs from selling information about the Web-surfing habits of users to outside companies.
Last month, Emily Hackett, executive director of the Washington-based Internet Alliance, predicted that ISPs would probably stop doing business in Minnesota if Ventura signed the bill. The organization lobbies state legislatures on behalf of ISPs and marketing and high-tech companies, including @Once, 24/7 Real Media Inc., AOL Time Warner Inc., the Council of Better Business Bureaus, Encirq Corp., Cox Interactive Media, Juno Online Services Inc., IBM, Microsoft Corp., WorldCom Inc. and Verizon Communications.
This morning, however, Hackett said she wasn't sure whether ISP flight would indeed happen.
"Now we will see," Hacket said. "It is the first broad privacy bill that has been passed in the 50 states."
Hackett said she fears Minnesota's action may prompt other states to take similar action, which could result in such a patchwork of laws that it would be impossible for ISPs to operate without running afoul of them.
Not everyone sees that as bad thing, however.
Telemarketers, cable TV providers and many other industries have to comply with myriad state laws, and all do so effectively, said Chris Hoofnagle, senior counsel for the Washington-based Electronic Privacy Information Center (EPIC).
"Cable is regulated state by state, and sometimes county by county," Hoofnagle said, adding that specific state laws are better than "vague federal standards."
"Most commerce is interstate, but most consumer protection [is] on a state basis," Hoofnagle said. He noted that the same argument can be made by those who claim that the Internet is a global entity that can't be regulated by a state.
Commerce is global as well, he pointed out -- and it is regulated by the states.
Still, Hackett questioned whether the Minnesota law would eventually be found unconstitutional on the federal level because it might interfere with interstate commerce.
Ari Schwartz, associate director of the Washington-based Center for Democracy & Technology (CDT), said he would like to see a strong federal privacy standard but he understands why Minnesota chose to act.
"States are going to act, if the federal government doesn't step up to the plate," Schwartz said. "The CDT would prefer a federal standard for privacy, but the longer that takes to happen, the more we will see states pick up the issues."
Although the announcement that Ventura had signed the bill into law was posted as a bulletin on the Minnesota governor's Web site, a longer statement has not yet been released.
In the past, Ventura's office said that the governor had mixed feelings about the law because although he doesn't like government regulation, he does value his own privacy.

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