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Public Knowledge, Others Support Maine in ISP Privacy Litigation

Maine’s ISP privacy law doesn’t raise First Amendment concerns or run afoul of federal law, Public Knowledge said Monday in an amicus brief (in Pacer) supporting the state at the U.S. District Court of Maine. Consumer privacy advocates supported Maine…

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last week (see 2005280062). The law contested by cable and telecom associations “is part of a longstanding and continuing tradition of complementary state and federal laws that prohibit communications networks, whether paper or electronic, from disclosing any information relating to the acts of communication,” PK wrote. Access Now and New America’s Open Technology Institute filed jointly to support Maine. “ISPs sit in a privileged position,” they said (in Pacer). “Customers cannot reasonably avoid sharing details of their private lives with ISPs.” The Maine law shouldn’t face heightened First Amendment scrutiny because it doesn’t regulate speech and isn’t meant to suppress a particular viewpoint, Columbia University’s Knight First Amendment Institute wrote (in Pacer).