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SD 1894

An Act ensuring internet security and privacy

194th Legislature (2025-2026) Introduced by Bruce Tarr

The bill requires express written customer consent before any data collection or use by ISPs/telecoms, bans surcharges or denial of service for non-consent, and applies to provider

House concurred
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Bill Summary · SD 1894

Summary: An Act ensuring internet security and privacy (Senate Docket No. 1894)

Overview

  • Bill number: SD 1894 (Senate No. 289)
  • Title: An Act ensuring internet security and privacy
  • Introduced: February 27, 2025
  • Status: House concurred; referred to committee on Feb 27, 2025
  • Primary sponsor: Senator Bruce E. Tarr
  • Context: Similar matter previously filed in the 2023-2024 session (S. 218)

Purpose and intent

The bill aims to protect Massachusetts residents’ personal information by restricting how telecommunications and internet service providers (ISPs) collect, use, disclose, or disseminate data resulting from a customer’s use of the provider. It imposes an opt-in framework requiring express written customer consent before any data handling and forbids certain adverse actions tied to lack of consent.

Key provisions

  • Insertion of new Section 115 into Chapter 93 of the General Laws (after existing section 114):

    • Prohibition on collecting, using, disclosing, or disseminating a customer’s personal information derived from the customer’s use of the provider without express written approval from the customer.
    • Prohibition on charging an additional surcharge to customers who do not provide express written approval.
    • Prohibition on denying or refusing to provide services to a customer based on the customer’s lack of approval for data collection, use, disclosure, or dissemination.

  • Scope of application:

    • Applies to any telecommunications or internet service provider that has entered into a franchise agreement, right-of-way agreement, or other contract with the Commonwealth or a political subdivision.
    • Also applies to providers that use facilities subject to such agreements or that operate in the Commonwealth, even if not a party to the agreement.
    • The provision states it applies notwithstanding any other general or special law.

Scope and affected entities

  • Affects ISPs and telecommunications providers operating in Massachusetts or under state contracts/agreements.
  • Broad reach: includes providers that use Commonwealth facilities or operate within Massachusetts, including those not directly party to a franchise agreement but using facilities that are.
  • Individuals (customers) would be the primary beneficiaries through required consent for data practices.

Compliance considerations and enforcement

  • The text specifies an opt-in requirement and protections against surcharges or service denial for non-consent.
  • The bill does not specify enforcement mechanisms, penalties, or a private right of action within the provided language.
  • Compliance would likely involve updating terms of service, consent collection processes, and data handling practices to obtain express written authorization.

Procedure and timeline

  • Filed: January 17, 2025
  • Referred to the Committee on Consumer Protection and Professional Licensure (Feb 27, 2025)
  • House concurred on Feb 27, 2025 (indicating cross-chamber agreement on the bill’s language as introduced)

Potential impact

  • Strengthens customer privacy by requiring explicit consent for data practices.
  • Could increase compliance costs for ISPs and telecoms, including policy updates and consent management.
  • May affect standard industry practices around data collection, marketing, and billing (no surcharges for non-consent; no service denial on consent grounds).
  • The lack of specified penalties or enforcement means implementation details would depend on subsequent legislative or regulatory actions.

Note: This summary reflects the text provided for the bill and does not include any later amendments or committee reports that may accompany final enactment.

Compiled from official sources — confirm details with the bill’s official record.

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