Feels like the word 'sale' may actually turn into a loophole. It should have probably been worded to use 'exchange' or 'transfer' instead. But this is progress.
I can imagine loopholes to this... nothing stops facebook/google from buying this data from companies not in Massachusetts? and facebook/google don't have to give advertisers the location information but can still use that information when determining the advertisement to return, right? In theory the big silicon valley "targets" of this bill don't actually have a huge incentive to give this data away, do they? They just need to be able to read/access it, which I don't think this law stops? Assuming the data broker is not doing business in Massachusetts itself
It'll have reach because MA has a long-arm statute and there's a rich history of applying that statute in the context of Chapter 93.
It'll have teeth but probably not to the effect that you hope.
This statute was written such that only the Attorney General can bring action; see Section 10(b). This diverges from a long history in the Commonwealth of allowing private individuals to bring civil suits for most types of Chapter 93 violations.
As a result, I anticipate that the most impactful change will be in the quantity and frequency of political donations to Mass AG candidates (and in the case of contested primaries their aligned block of candidates up and down ticket).
Consumer protection laws should always provide for a private cause of action. Otherwise they just function as a mechanism for legalized corruption.
A good first step, but the harm is already done when the data is gathered. Stalking should be illegal even if you don't sell the information you gathered, I don't want Toyota or GM or Google knowing where I've been either, not just their "partners", and it's long past the time the EULA loophole was closed. Contracts exist to serve society, not the other way around.
This is good and all States should adopt some. Eventually I’d like to see one at the federal level that supersedes state level ones so that we don’t have to deal the the mess that is taxation across 50 states. A nice uniform privacy bill at the Fed level would be nice.
Feels like the word 'sale' may actually turn into a loophole. It should have probably been worded to use 'exchange' or 'transfer' instead. But this is progress.
Does this include vehicle data? That's a big one. Your new car selling you out constantly.
Will this have reach and teeth though?
I can imagine loopholes to this... nothing stops facebook/google from buying this data from companies not in Massachusetts? and facebook/google don't have to give advertisers the location information but can still use that information when determining the advertisement to return, right? In theory the big silicon valley "targets" of this bill don't actually have a huge incentive to give this data away, do they? They just need to be able to read/access it, which I don't think this law stops? Assuming the data broker is not doing business in Massachusetts itself
> Will this have reach and teeth though?
It'll have reach because MA has a long-arm statute and there's a rich history of applying that statute in the context of Chapter 93.
It'll have teeth but probably not to the effect that you hope.
This statute was written such that only the Attorney General can bring action; see Section 10(b). This diverges from a long history in the Commonwealth of allowing private individuals to bring civil suits for most types of Chapter 93 violations.
As a result, I anticipate that the most impactful change will be in the quantity and frequency of political donations to Mass AG candidates (and in the case of contested primaries their aligned block of candidates up and down ticket).
Consumer protection laws should always provide for a private cause of action. Otherwise they just function as a mechanism for legalized corruption.
once you allow someone to read data, it has been given away.
even if its only retained until buffer refresh, its still given away.
if its read frombuffer space and transformed into a persistent structure, its a gift that indefinately keeps giving.
still waiting for any of the many existing privacy bills, worldwide, to start doing meaningful enforcement.
A good first step, but the harm is already done when the data is gathered. Stalking should be illegal even if you don't sell the information you gathered, I don't want Toyota or GM or Google knowing where I've been either, not just their "partners", and it's long past the time the EULA loophole was closed. Contracts exist to serve society, not the other way around.
This is very exciting.
This is good and all States should adopt some. Eventually I’d like to see one at the federal level that supersedes state level ones so that we don’t have to deal the the mess that is taxation across 50 states. A nice uniform privacy bill at the Fed level would be nice.
This seems more symbolic since I don't see were the law has any teeth.
There is no fine nor imprisonment for failing to follow the law.