Connecticut 2020 Regular Session

Connecticut Senate Bill SB00005 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1	1
2	2
	3	+	LCO No. 659 1 of 2
3	4
4		-	LCO No. 1670 1 of 7
5		-
6		-	General Assembly Committee Bill No. 5
	5	+	General Assembly Proposed Bill No. 5
7	6		February Session, 2020
8		-	LCO No. ~~1670~~
	7	+	LCO No. 659
9	8
10	9
11	10		Referred to Committee on ENERGY AND TECHNOLOGY
12	11
13	12
14	13		Introduced by:
15		-	(ET)
	14	+	SEN. LOONEY, 11th Dist.
	15	+	SEN. DUFF, 25th Dist.
	16	+	SEN. ANWAR, 3rd Dist.
	17	+	SEN. CASSANO, 4th Dist.
	18	+	SEN. COHEN, 12th Dist.
	19	+	SEN. DAUGHERTY ABRAMS, 13th Dist.
	20	+	SEN. FLEXER, 29th Dist.
	21	+	SEN. HASKELL, 26th Dist.
	22	+	SEN. KUSHNER, 24th Dist.
	23	+	SEN. LESSER, 9th Dist.
	24	+	SEN. MARONEY, 14th Dist.
	25	+	SEN. MOORE, 22nd Dist.
	26	+	SEN. NEEDLEMAN, 33rd Dist.
	27	+	SEN. OSTEN, 19th Dist.
	28	+	SEN. SLAP, 5th Dist.
	29	+	SEN. WINFIELD, 10th Dist.
16	30
17	31
18	32
19	33		AN ACT CONCERNING INTERNET SERVICE PROVIDERS AND NET
20	34		NEUTRALITY PRINCIPLES.
21	35		Be it enacted by the Senate and House of Representatives in General
22	36		Assembly convened:
23	37
24		-	Section 1. (NEW) (Effective January 1, 2021) (a) For the purposes of this 1
25		-	section: 2
26		-	(1) "Broadband Internet access service" means a mass-market retail 3
27		-	service by wire or radio that provides the capability to transmit data to 4
28		-	and receive data from all or substantially all Internet endpoints, 5
29		-	including any capability that is incidental to and enables the operation 6
30		-	of the service, but excluding dial-up Internet access service; 7
31		-	(2) "Content, applications and services" means all traffic transmitted 8
32		-	to or from end users of a broadband Internet access service; 9
33		-	(3) "Edge provider" means any person or entity that provides (A) any 10
34		-	content, application or service over the Internet, or (B) a device used for 11
35		-	accessing any content, application or service over the Internet; 12
36		-	(4) "End user" means any person or entity that uses a broadband 13
37		-	Internet access service; 14
38		-	Committee Bill No. 5
	38	+	That the general statutes be amended to require Internet service 1
	39	+	providers operating in the state to register with the Public Utilities 2
	40	+	Regulatory Authority and pay an annual registration fee, to require the 3
	41	+	Public Utilities Regulatory Authority to apply net neutrality principles 4
	42	+	to Internet service providers in Connecticut and to require a civil 5
	43	+	penalty be imposed by the Public Utilities Regulatory Authority for 6
	44	+	failure of an Internet service provider to comply with such principles 7
	45	+	where each day in violation is a separate offense. 8 Proposed Bill No. 5
39	46
40	47
41		-	LCO No. 1670 2 of 7
42		-
43		-	(5) "Fixed broadband Internet access service" means a broadband 15
44		-	Internet access service that services end users primarily at fixed 16
45		-	endpoints using stationary equipment, including fixed wireless 17
46		-	services, fixed unlicensed wireless services and fixed satellite services; 18
47		-	(6) "Mobile broadband Internet access service" means a broadband 19
48		-	Internet access service that serves end users primarily using mobile 20
49		-	stations; 21
50		-	(7) "Net neutrality principles" means the provisions described in 22
51		-	subsections (d) to (g), inclusive, of this section; 23
52		-	(8) "Paid prioritization" means the management of a broadband 24
53		-	Internet access service provider's network to directly or indirectly favor 25
54		-	some traffic over other traffic, including through use of techniques such 26
55		-	as traffic shaping, prioritization, resource reservation or other forms of 27
56		-	preferential traffic management either (A) in exchange for monetary or 28
57		-	other consideration from a third party, or (B) to benefit an affiliated 29
58		-	entity; 30
59		-	(9) "Authority" means the Public Utilities Regulatory Authority; and 31
60		-	(10) "Reasonable network management" means a network 32
61		-	management practice that has a primarily technical network 33
62		-	management justification, but does not include other business practices, 34
63		-	provided a network management practice is reasonable if it is primarily 35
64		-	used for and tailored to achieving a legitimate network management 36
65		-	purpose, as determined by the authority, taking into account the 37
66		-	particular network architecture and technology of the broadband 38
67		-	Internet access service. 39
68		-	(b) A person or entity engaged in the provision of fixed or mobile 40
69		-	broadband Internet access services within the state shall register with 41
70		-	the authority, in a manner prescribed by the authority. Beginning with 42
71		-	January 1, 2021, and on or before each January first thereafter, each 43
72		-	registered person or entity shall pay an annual registration fee to the 44
73		-	Committee Bill No. 5
74		-
75		-
76		-	LCO No. 1670 3 of 7
77		-
78		-	authority in the amount of five thousand dollars. 45
79		-	(c) A person or entity engaged in the provision of fixed or mobile 46
80		-	broadband Internet access services within the state shall publicly 47
81		-	disclose accurate information regarding the network management 48
82		-	practices, performance and commercial terms of its broadband Internet 49
83		-	access services sufficient, as determined by the authority, for end users 50
84		-	of such services to fully and accurately ascertain if the service is in 51
85		-	compliance with this section. 52
86		-	(d) A person or entity engaged in the provision of fixed or mobile 53
87		-	broadband Internet access services within the state shall not block 54
88		-	lawful content, applications, services, as determined by the authority, or 55
89		-	nonharmful devices, as determined by the authority, subject to 56
90		-	reasonable network management. 57
91		-	(e) A person or entity engaged in the provision of fixed or mobile 58
92		-	broadband Internet access services within the state shall not impair or 59
93		-	degrade lawful Internet traffic on the basis of Internet content, 60
94		-	application or service, or use of a nonharmful device, subject to 61
95		-	reasonable network management. 62
96		-	(f) A person or entity engaged in the provision of fixed or mobile 63
97		-	broadband Internet access services within the state shall not engage in 64
98		-	paid prioritization. 65
99		-	(g) Any person or entity engaged in the provision of fixed or mobile 66
100		-	broadband Internet access services within the state shall not interfere 67
101		-	with or disadvantage an (1) end users' ability to select, access and use 68
102		-	broadband Internet access service or lawful Internet content, 69
103		-	applications or services, or devices of such end users' choice, or (2) edge 70
104		-	providers' ability to make lawful content, applications, services or 71
105		-	devices available to end users, provided such person or entity may 72
106		-	engage in reasonable network management. 73
107		-	(h) The authority shall receive and record complaints of any end user 74
108		-	Committee Bill No. 5
109		-
110		-
111		-	LCO No. 1670 4 of 7
112		-
113		-	of broadband Internet access service within the state. Upon receipt of 75
114		-	such complaints, the authority may, in its discretion, review the 76
115		-	performance of a person or entity engaged in the provision of fixed or 77
116		-	mobile broadband Internet access service. The authority, upon a finding 78
117		-	that any such person or entity failed to comply with the net neutrality 79
118		-	principles described in this section, shall make orders, after a hearing 80
119		-	that is conducted as a contested case in accordance with chapter 54 of 81
120		-	the general statutes, to enforce the provisions of this section and may 82
121		-	levy civil penalties against such person or entity, pursuant to section 16-83
122		-	41 of the general statutes, for noncompliance. 84
123		-	(i) Nothing in this section shall be considered to supersede or limit 85
124		-	any obligation or authorization a person or entity engaged in the 86
125		-	provision of fixed or mobile broadband Internet access services may 87
126		-	have to address the needs of emergency communications, law 88
127		-	enforcement, public safety or national security authorities, consistent 89
128		-	with or as permitted by applicable law. Nothing in this section shall be 90
129		-	construed to prohibit reasonable efforts by a person or entity engaged 91
130		-	in the provision of fixed or mobile broadband Internet access services to 92
131		-	address copyright infringement or other unlawful activity. 93
132		-	Sec. 2. (NEW) (Effective October 1, 2020) (a) For the purposes of this 94
133		-	section: 95
134		-	(1) "Browsing history" means information that shows a consumer 96
135		-	accessed a specific web site; 97
136		-	(2) "Consumer" means an Internet service account holder, such 98
137		-	account holder's immediate family and any other person such account 99
138		-	holder permits to access the Internet through use of such account 100
139		-	holder's account; 101
140		-	(3) "Express and affirmative permission" means permission that (A) 102
141		-	is explicitly solicited in writing or by electronic means separate from any 103
142		-	other terms of service or items of consent, (B) is clear and succinct, (C) 104
143		-	clearly identifies any person to whom an Internet service provider will 105
144		-	Committee Bill No. 5
145		-
146		-
147		-	LCO No. 1670 5 of 7
148		-
149		-	transfer personally identifying information, (D) outlines the scope of the 106
150		-	personally identifying information to be transferred, (E) includes a 107
151		-	warning that after the grant of such permission, state law cannot 108
152		-	guarantee that the person who receives such personally identifying 109
153		-	information will not transfer that information to a third party or 110
154		-	otherwise publicize such personally identifying information, (F) is 111
155		-	sought by an Internet service provider for each person to whom it seeks 112
156		-	to transfer such personally identifying information, and (G) expires not 113
157		-	later than one year after such permission is granted; 114
158		-	(4) "Internet service provider" means a company that provides 115
159		-	consumers with connectivity to the Internet and operates in the state, 116
160		-	including any such company that sells Internet service in the state; and 117
161		-	(5) "Personally identifying information" means the following 118
162		-	information relating to a consumer using an Internet service provider to 119
163		-	connect to the Internet: (A) Such consumer's name, address, Social 120
164		-	Security number, geographic location or browsing history, (B) the 121
165		-	Internet protocol address associated with an electronic device that 122
166		-	belongs to such consumer, (C) the content of such consumer's 123
167		-	communications with anyone other than the Internet service provider, 124
168		-	and (D) any information about such consumer's spouse, children, health 125
169		-	or finances. 126
170		-	(b) An Internet service provider may not sell or transfer a consumer's 127
171		-	personally identifying information to a person without such consumer's 128
172		-	express and affirmative permission. 129
173		-	(c) An Internet service provider may not send or display to a 130
174		-	consumer an advertisement that has been selected to be sent or 131
175		-	displayed because of such consumer's browsing history without such 132
176		-	consumer's express and affirmative permission. 133
177		-	(d) An Internet service provider may not refuse to provide its services 134
178		-	to a consumer because of such consumer's refusal to provide express 135
179		-	and affirmative permission to the Internet service provider pursuant to 136
180		-	Committee Bill No. 5
181		-
182		-
183		-	LCO No. 1670 6 of 7
184		-
185		-	subsections (b) and (c) of this section. 137
186		-	(e) The Public Utilities Regulatory Authority shall receive and record 138
187		-	complaints of any Internet service provider. Upon receipt of such 139
188		-	complaints, the authority may, in its discretion, review the performance 140
189		-	of the Internet service provider engaged in, without a consumer's 141
190		-	express and affirmative permission, the (1) sale or transfer of such 142
191		-	consumer's personally identifying information, (2) transmission or 143
192		-	display of an advertisement that was selected for transmission or 144
193		-	display because of such consumer's browsing history, or (3) refusal to 145
194		-	provide its services because of such consumer's refusal to provide 146
195		-	express and affirmative permission. The authority, upon a finding that 147
196		-	any such Internet service provider failed to comply with the provisions 148
197		-	described in this section, shall make orders, after a hearing that is 149
198		-	conducted as a contested case in accordance with chapter 54 of the 150
199		-	general statutes, to enforce the provisions of this section and may levy 151
200		-	civil penalties against such Internet service provider, pursuant to section 152
201		-	16-41 of the general statutes, for noncompliance. 153
202		-	(f) This section shall not apply to an Internet service provider that 154
203		-	transmits a consumer's personally identifying information (1) in 155
204		-	response to a subpoena, summons, warrant or court order that appears 156
205		-	on its face to be issued in accordance with lawful authority, or (2) to the 157
206		-	consumer to whom such personally identifying information pertains. 158
207		-	This act shall take effect as follows and shall amend the following
208		-	sections:
209		-
210		-	Section 1 January 1, 2021 New section
211		-	Sec. 2 October 1, 2020 New section
	48	+	LCO No. 659 2 of 2
212	49
213	50		Statement of Purpose:
214	51		To require Internet service providers to register and pay registration
215	52		fees and to require the Public Utilities Regulatory Authority to apply net
216	53		neutrality principles to Internet service providers and enforce such
217	54		principles with civil penalties.
218		-	Committee Bill No. 5
219		-
220		-
221		-	LCO No. 1670 7 of 7
222		-
223		-	[Proposed deletions are enclosed in brackets. Proposed additions are indicated by underline, except
224		-	that when the entire text of a bill or resolution or a section of a bill or resolution is new, it is not
225		-	underlined.]
226		-
227		-	Co-Sponsors: SEN. LOONEY, 11th Dist.; SEN. DUFF, 25th Dist.
228		-	SEN. ANWAR, 3rd Dist.; SEN. CASSANO, 4th Dist.
229		-	SEN. COHEN, 12th Dist.; SEN. DAUGHERTY ABRAMS, 13th
230		-	Dist.
231		-	SEN. FLEXER, 29th Dist.; SEN. HASKELL, 26th Dist.
232		-	SEN. KUSHNER, 24th Dist.; SEN. LESSER, 9th Dist.
233		-	SEN. MARONEY, 14th Dist.; SEN. MOORE, 22nd Dist.
234		-	SEN. NEEDLEMAN, 33rd Dist.; SEN. OSTEN, 19th Dist.
235		-	SEN. SLAP, 5th Dist.; SEN. WINFIELD, 10th Dist.
236		-
237		-	S.B. 5
238		-
239		-