An Act To Protect Privacy of Online Customer Personal Information
Maine Legislature, Session 128, LD 1610
Committee Amendment CA_A_S453 (Senate)
Amends: 5 MRSA §1812-H

COMMITTEE AMENDMENT "A" to S.P. 566, L.D. 1610, Bill, "An Act To 
Protect Privacy of Online Customer Personal Information" 
Amend the bill by striking out the title and substituting the following: 
'An Act Regarding Customer Personal Information' 
Amend the bill by striking out everything after the enacting clause and before the 
summary and inserting the following: 
'Sec. 1. 5 MRSA §1812-H is enacted to read: 
§1812-H. Purchasing of broadband Internet access service 
1. Definitions. As used in this section, unless the context otherwise indicates, the 
following terms have the following meanings. 
A. "Broadband Internet access service" means a mass-market retail service by wire 
or radio that provides the capability to transmit data to and receive data from all or 
substantially all Internet endpoints, including any capabilities that are incidental to 
and enable the operation of the service, but excluding dial-up Internet access service. 
B. "Customer" means a current or former subscriber to a broadband Internet access 
service. 
C. "Customer personal information" means: 
(1) 
Personally identifying information about a customer, including. but not 
limited to, the customer's name, billing information, social security number, 
billing address and demographic data: and 
(2) Information from a customer's use of broadband Internet access service, 
including: 
(a) The customer's browsing history: 
(b) The customer's application usage history; 
COMMITTEE AMENDMENT 
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COMMIITEE AMENDMENT "4" to S.P. 566, L,D, 1610 
(c) The customer's precise geolocation information; 
(d) The customer's financial information; 
(e) The customer's health information; 
(f) Information pertaining to the customer's children: 
(g) The customer's device identifier, such as a media access control address. 
international mobile equipment identity or Internet protocol address; 
(h) The content of the customer's communications; and 
(i) The origin and destination Internet protocol addresses. 
D. 
"Inappropriate use, sale or disclosure of or access to customer personal 
information" means the use, sale or disclosure of or access to customer personal 
information by a provider without the customer's express, affirmative consent; the 
refusal to serve a customer that does not provide a provider with consent to use, sell, 
disclose or permit access to that customer personal information; or charging a 
customer a fee or penalty if the customer does not provide a provider with consent to 
use, sell. disclose or permit access to that customer personal information. 
"Inappropriate use, sale or disclosure of or access to customer personal information" 
does not include the use, sale or disclosure of or access to customer personal 
information: 
(1) For the purpose of providing the service from which such information is 
derived or for the service necessary to the provision of such service; 
(2) To advertise or market the provider's communications-related services to the 
customer; 
(3) To comply with a lawful court order; 
(4) To initiate, render, bill for and collect payment for broadband Internet access 
service; 
(5) To protect users of the provider's or other providers' services from :fraudulent, 
abusive or unlawful use of or subscription to such services; and 
(6) To provide precise geolocation information concerning the customer to: 
(a) 
For the purpose of responding to the customer's call for emergency 
services, a public safety answering point. as defined in Title 25, section 2921, 
subsection 7; a provider of emergency medical or emergency dispatch 
services; a public safety, fire service or law enforcement official: or a 
hospital emergency or trauma care facility: 
(b) The customer's legal guardian or a member of the customer's immediate 
family in an emergency situation that involves the risk of death or serious 
physical harm: or 
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COMMITTEE AMENDMENT'~" to S.P. 566, L.D. 1610 
(c) A provider of information or database management services solely for 
the purpose of assisting in the delivery of emergency services in response to 
an emergency. 
E. "Provider" means a person that provides broadband Internet access service. 
2. Customer protections; purchasing broadband Internet access service. The 
Department of Administrative and Financial Services, Bureau of General Services may 
not contract for the purchase of broadband Internet access service from a provider that 
engages in the inappropriate use. sale or disclosure of or access to customer personal 
information. 
A provider that contracts with the State for broadband Internet access service may not 
engage in the inappropriate use. sale or disclosure of or access to customer personal 
information for the duration of the contract. 
Sec. 2. 35-A MR.SA §9205-A is enacted to read: 
§9205-A. Grant limitations to providers of broadband Internet access service 
1. Definitions. As used in this section, unless the context otherwise indicates, the 
following terms have the following meanings. 
A. "Broadband Internet access service" means a mass-market retail service by wire 
or radio that provides the capability to transmit data to and receive data from all or 
substantially all Internet endpoints, including any capabilities that are incidental to 
and enable the operation of the service, but excluding dial-up Internet access service. 
B. "Customer" means a current or former subscriber to a broadband Internet access 
service. 
C. "Customer personal information" means: 
(1) 
Personally identifying information about a customer, including, but not 
limited to, the customer's name, billing information, social security number, 
billing address and demographic data; and 
(2) Information from a customer's use of broadband Internet access service, 
including: 
(a) The customer's browsing history; 
(b) The customer's application usage history; 
(c) The customer's precise geolocation information; 
(d) The customer's financial information; 
(e) The customer's health information; 
(f) Information pertaining to the customer's children; 
(g) The customer's device identifier, such as a media access control address, 
international mobile equipment identity or Internet protocol address; 
(h) The content of the customer's communications; and 
COMMITTEE AMENDMENT 
COMMITI'EE AMENDMENT "4 "to S.P. 566, L.D. 1610 
(i) The origin and destination Internet protocol addresses. 
D. 
"Inappropriate use, sale or disclosure of or access to customer personal 
information" means the use, sale or disclosure of or access to customer personal 
information by a provider without the customer's express, affirmative consent; the 
refusal to serve a customer that does not provide a provider with consent to use, sell, 
disclose or permit access to that customer personal information; or charging a 
customer a fee or penalty if the customer does not provide a provider with consent to 
use, sell, disclose or permit access to that customer personal information. 
"Inappropriate use, sale or disclosure of or access to customer personal information" 
does not include the use, sale or disclosure of or access to customer personal 
information: 
(1) For the purpose of providing the service from which such information is 
derived or for the service necessary to the provision of such service: 
(2) To advertise or market the provider's communications-related services to the 
customer; 
(3) To comply with a lawful court order; 
( 4) To initiate, render, bill for and collect payment for broadband Internet access 
service; 
(5) To protect users of the provider's or other providers' services from fraudulent, 
abusive or unlawful use of or subscription to such services; and 
(6) To provide precise geolocation information concerning the customer to: 
(a) For the purpose of responding to the customer's call for emergency 
services, a public safety answering point, as defmed in Title 25, section 2921, 
subsection 7; a provider of emergency medical or emergency dispatch 
services: a public safety, fire service or law enforcement official; or a 
hospital emergency or trauma care facility; 
(b) The customer's legal guardian or a member of the customer's immediate 
family in an emergency situation that involves the risk of death or serious 
physical harm: or 
(c) A provider of information or database management services solely for 
the purpose of assisting in the delivery of emergency services in response to 
an emergency. 
E. "Provider" means a person that provides broadband Internet access service. 
2. Customer protections; grants to providers. The authority may not provide 
grant funding under this chapter to a provider that engages in the inappropriate use, sale 
or disclosure of or access to customer personal information. 
7 
A provider that receives grant funding from the authority may not engage in the 
inappropriate use, sale or disclosure of or access to customer personal information for 5 
years from the date funds are received. 
COMMITTEE AMENDMENT 
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COMMITTEE AMENDMENT"~ "to S.P. 566, L.D. 1610 
Sec. 3. Net neutrality principle. No later than January 15, 2019, the Office of 
the Attorney General shall submit to the joint standing committee of the Legislature 
having jurisdiction over utilities and technology matters a report that addresses the 
following: 
1. The extent to which, under the Maine Unfair Trade Practices Act or any other 
state law, the Office of the Attorney General is able to ensure that a provider of 
broadband Internet access service, as defined in the Maine Revised Statutes, Title 5, 
section 1812-H, paragraph A, is adhering to the net neutrality principles adopted in the 
Federal Communications Commission's 2015 open Internet order, GN Docket No. 14-28, 
FCC 15-24, adopted February 26, 2015 and released March 12, 2015; and 
2. In light of the Federal Communications Commission's 2017 restoring Internet 
freedom order, WC Docket No. 17-108, FCC 17-166, adopted December 14, 2017 and 
released January 4, 2018, can legislation be enacted to specifically regulate broadband 
Internet access service to ensure a provider is adhering to net neutrality principles if there 
currently is no authority for the Office of the Attorney General or any other state office to 
ensure that a provider of broadband Internet access service is adhering to net neutrality 
principles? 
The committee may report out a bill to the First Regular Session of the 129th 
Legislature based on the report.' 
SUMMARY 
This amendment is the majority report, and it replaces the bill. It prohibits the 
Department of Administrative and Financial Services, Bureau of General Services from 
entering into a contract for the purchase of broadband Internet access service from any 
provider that engages in the inappropriate use, sale or disclosure of or access to customer 
personal information. It requires any provider that contracts with the State for broadband 
Internet access service to adhere to the limitations regarding the inappropriate use, sale or 
disclosure of or access to customer personal information. It prohibits the ConnectME 
Authority from providing any grant funding to a provider of broadband Internet access 
service that engages in the inappropriate use, sale or disclosure of or access to customer 
personal information. It requires that a provider that receives grant funding from the 
ConnectME Authority must adhere to the limitations regarding the inappropriate use, sale 
or disclosure of or access to customer personal information for 5 years from the date 
grant funding is received. Lastly, it directs the Office of the Attorney General to submit a 
report by January 15, 2019 to the joint standing committee of the Legislature having 
jurisdiction over utilities and technology matters related to the State's ability to ensure 
that providers of broadband Internet access service are adhering to net neutrality 
principles. 
FISCALNOTE REQUIRE'> 
(See attached) 
COMMITTEE AMENDMENT 
Approved: 04/04/18 feac. 
LD 1610 
LR 2315(02) 
An Act To Protect Privacy of Online Customer Personal Information 
Fiscal Detail and No,tes 
Fiscal Note for Bill as Amended by Committee Amendment 'ff l £,-/.4 ~ 
Committee: Energy, Utilities and Technology 
Fiscal Note Required: Yes 
Fiscal Note 
Minor cost increase - General Fund 
Minor cost increase - Other Special Revenue Funds 
Any additional costs to the ConnectME Authority as a result of prohibiting the Authority from providing a grant to a 
provider of broadband Internet access service that engages in the inappropriate use, sale, disclosure or access to 
customer personal information are expected to be minor and can be absorbed within existing budgeted resources. 
Any additional costs to the Bureau of General Services in the Department of Administrative and Financial Services to 
implement the provisions of this bill are assumed to be minor and can be absorbed within existing budgeted resources. 
Any additional costs to the Office of the Attorney General to prepare and submit a report related to the State's ability 
to ensure providers of broadband internet access service are adhering to net neutrality principles are expected to be 
minor and can be absorbed within existing budgeted resources. 
LR2315(02) - Fiscal Note - Page 1 of 1