by Joe Lane
The internet, by virtually every measure imaginable, is still in its infancy. Considered even as just a communication method, for example, the internet is still more than 125 years younger than Alexander Graham Bell’s telephone (of course, there is so much more to the internet than a communication tool). Though the possible applications of the internet today seem limitless, there truly is no telling what the future will hold.
One of the most amazing things about the internet is its role in the future of the “American Dream.” As a free and open tool, the internet can be used by anyone — big corporations and individuals alike — to access a world of knowledge and transform that knowledge into valuable additions to society. However, like any other medium through which growth can occur, the internet requires regulations to protect both creators and users. These protections have been at risk for some time now, subject to the whims of the federal government and, most recently, a controversial legislation surrounding internet privacy.
Recent votes in the House and the Senate overturned a regulation that — although it had not taken effect — would have required internet service providers to gain permission from consumers before they sold their data. The original regulation comes from the Obama administration, and it would have been a major step in protecting people online. Though separate and different, this overturning is one component of a broader set of legislation brought up in the last few years — such as net neutrality — that plays a role in keeping personal data safe while still allowing for the unhindered growth of the internet.
The reverse of the Obama regulation is yet to be signed by President Trump but likely will be in the near future.
Some states, in response to this new legislation, have acted to protect their residents from ISPs looking to use their information such as search history and downloads. Minnesota, for example, now has legislation on the table that will require ISPs to receive the “express written approval from the customer” to collect this information, according to the Minnesota Senate website.
The internet now lies in the middle of the long-standing debate between state governments and the federal government. Because the recent vote in Congress is to revoke a regulation that would have been set in place, states now have the power to adopt a similar resolution and achieve the same effect as the national regulation that had yet to be put in place. The question then becomes, of course, how will Minnesota’s decision to enact this law affect the states’ and its citizens’ interactions with ISPs? One potential adverse effect could be the unwillingness of ISPs to work smoothly with local government entities in the future.
Ultimately, assuming Trump signs the reversal, state legislatures will have to make the decision upon which side of history they hope to land. I implore the Iowa Legislature to adopt a similar resolution to Minnesota’s.
While the potential backlash from ISPs may be important, the value of consumers in an entire state should not be overlooked, and the ability of the service providers to respond by punishing an entire state are unlikely, if not impossible. As we have seen — both directly from the most recent election and in a variety of ways in the private sector — the power of personal data is immense. If the federal government won’t step up to protect it, then states should.