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