July 8, 2020

Maine federal court upholds the state’s broadband privacy law

On July 7, 2020, the US District Court for the District of Maine denied a motion for judgment on the pleadings, challenging a state privacy law directed to the collection and use of customers’ personal information by Internet service providers, which had come into effect on July 1, 2020.  The court denied plaintiffs’ argument that the statute on its face violated the First and Fourteenth Amendment, was preempted by federal law, and was void for vagueness.  The court granted a cross motion filed by defendant Aaron Frey, Maine’s Attorney General, arguing that the law was not preempted by federal law.  Subject to a potential interlocutory appeal, the case can now proceed on the remaining issues.

US District Court of Maine’s Order