February 13, 2018
Oregon
Progressive Party
Position on Bill at 2018
Session of Oregon Legislature:
| HB 4155: |
Support bill, Oppose -3 and -4 amendments, suggest
adopting language from Washington's HB 2282 |
Dear
Committee:
The Oregon
Progressive
Party supports on this bill, which:
- Prohibits
a broadband Internet access service provider from disclosing, selling,
or permitting access to personal information of customers of the
provider except by the customer's consent starting January 1, 2019.
- Requires
a broadband Internet access service provider to take reasonable measure
to protect their customers' personal
information.
- Makes a
violation an unlawful trade practice.
- Establishes
the Task Force on Broadband Security.
- Requires
Task Force to study laws protecting information of broadband Internet
customers.
- Requires
the Task Force to report to the interim committee of the Legislative
Assembly related to the judiciary no later than December 15, 2018.
We oppose the
-3 amendment, which replaces this bill with one seeking to ensure net
neutrality by prohibiting public bodies from contracting with broadband
ISPs that "disadvantages lawful internet content." Net neutrality
protection can be added to this bill without deleting all of its other
provisions. We oppose the -4 amendment for the same reason.
Both the -3 and -4 amendments are very weak measures to protect net
neutrality, merely prohibiting public bodies from contracting with
broadband ISPs under certain circumstances. The -4 amendment is
even weaker than the -3 amendment, as it allows the Public Utility
Commission to override the prohibition upon making a vague finding that
the impairment of net neutrality "provides significant public interest
benefits" (undefined) or "is reasonable network management." The
"public interest benefits" loophole makes the -4 amendment almost
completely impotent.
Instead of merely prohibiting public bodies from contracting with
certain ISP, we recommend that the bill be amended to include the
language of HB 2282 in the Washington Legislature. Its House of
Representatives passed that bill on February 9, 2018, by a vote of 93-5
(attached). That bill:
- Prohibits
blocking of lawful content
- Prohibits
impairment or degrading of lawful internet traffic on basis of content,
application, or service.
Those
prohibitions are "subject to reasonable network management," defined as:
"Reasonable
network management" means a practice that has a primarily technical
network management justification, but does not include other business
practices. A network management practice is reasonable if it is
primarily used for and tailored to achieving a legitimate network
management purpose, taking into account the particular network
architecture and technology of the broadband internet access service.
The
Washington bill has no "public interest benefits"
loophole.
No doubt the ISP industry will sue to invalidate a state law that seeks
to protect net neutrality on grounds of federal preemption and perhaps
other grounds as well. Adopting in large part the Washington
language will have the effect of recruiting the State of Washington to
join in defending the state net neutrality law in the inevitable court
battles.
|
Oregon Progressive Party
|
Daniel Meek
authorized legal representative
dan@meek.net
503-293-9021 |
 |