An Act relative to internet service provider data

194th Legislature (2025-2026) Introduced by Kim Ferguson and 4 co-sponsors

The bill requires MA ISPs to obtain express written consent before using, sharing, or selling customer data and bans surcharges for non-consent.

Accompanied a study order, see H5323

Overview

H 3510, titled “An Act relative to internet service provider data,” is a Massachusetts bill introduced February 27, 2025. The bill would add a new provision (Section 115) to Chapter 93 of the General Laws, governing how telecommunications and internet service providers (ISPs) that have Massachusetts franchise agreements or operate in the state may handle customer personal information derived from the use of their services. The bill has a filing history and committee process, with a reporting date extended to December 3, 2025. A version referenced as HD 1330 replaces prior related measures.

Key Provisions

Expanded reach: Applies to any telecommunications or ISP that has a franchise agreement, right-of-way agreement, or other contract with the Commonwealth or a political subdivision, or that uses facilities subject to such agreements, including providers that operate in Massachusetts even if not a party to the agreement.

Customer consent for data handling: No provider may collect, use, disclose, or disseminate personal information from a customer’s use of the service without express written approval from the customer.

Prohibition on surcharges for non-consenting customers: Providers cannot impose an additional surcharge on customers who have not provided express written approval for data collection, use, disclosure, or dissemination.

Service provision protections: Providers may not refuse service to a customer solely because the customer has not given express written approval for data handling.

Restrictions on sale of PII: A provider may not sell a customer’s personally identifiable information (PII) unless the customer expressly authorizes in writing, with the authorization revocable in writing at any time.

Superseding language: The new restrictions are stated to prevail “Notwithstanding any other general or special law to the contrary.”

Who is Affected

Telecommunications and internet service providers that operate in Massachusetts or hold MA franchise/right-of-way agreements (and potentially those not party to such agreements but using facilities subject to them).

Massachusetts customers of those providers, whose data generated by using telecom/ISP services would be subject to consent requirements and limits on sale and use.

Procedural and Timeline Aspects

Introduction: February 27, 2025; filed January 14, 2025; House Docket No. 3510.

Committee action: Referred to the Committee on Telecommunications, Utilities and Energy (02/27/2025). Hearing was scheduled for May 6, 2025 (05/06/2025) from 11:00 AM to 1:00 PM.

Reporting date: Initially scheduled (and subsequently extended) to Wednesday, December 3, 2025.

Legislative notes: Related measure referenced as HD 1330 (replaces the prior version). Similar matter previously filed in 2023-2024 as House 3179.

Status: “Reporting date extended” as of 2025-08-04; ongoing in the 2025-2026 General Court session.

Potential Impacts

Strengthened consumer control over personal data collected through ISP services.

Reduced ability of providers to monetize usage data without explicit written consent.

Changes to pricing or service practices are unlikely to penalize customers for opting out of data sharing.

Increased compliance obligations for providers with MA franchise or operating agreements, including consent management and written authorization records.

Note: The summary reflects the bill text presented and the accompanying legislative actions up to the stated reporting extension.

Bill