HOUSE DOCKET, NO. 967        FILED ON: 1/17/2023

HOUSE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 3831

The Commonwealth of Massachusetts

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PRESENTED BY:

David Henry Argosky LeBoeuf

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To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General
Court assembled:

The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill:

An Act to establish public internet service.

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PETITION OF:

HOUSE DOCKET, NO. 967        FILED ON: 1/17/2023

HOUSE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 3831

The Commonwealth of Massachusetts

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In the One Hundred and Ninety-Third General Court
(2023-2024)

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An Act to establish public internet service.

Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority of the same, as follows:
 

Chapter 7D of the General Laws is hereby amended by adding the following 3 sections:-

Section 12. (a) The office shall solicit interest from local municipalities for the building or expansion of community owned broadband infrastructure for broadband internet access. Priority will be given by the office to communities in the commonwealth that do not received or have underserved broadband internet access.

(b) A municipality that accepts the opportunity to build or expand community owned broadband infrastructure shall work with the office, the department of telecommunications and cable, established in section 1 of chapter 25C, and the Massachusetts Broadband Institute, established in section 6B of chapter 40J, to draft plans to build and finance community owned broadband network. A municipality shall commit to paying at least 50 per cent of the estimated costs of the community owned broadband network within a timeframe decided by the office and the municipality.

(c) The office shall establish a commonwealth internet service provider which shall be known as Commonwealth ISP. The office shall work in collaboration with attorney general’s office and private internet service providers to allow the leasing of space on existing cables, so that the Commonwealth ISP can provide retail service.

Section 13. All broadband service owned by a municipality or Commonwealth ISP shall provide the following:

(a) strict anti-censorship rules and regulations;

(b) that all policies, procedures and user agreements for municipality and Commonwealth ISP owned broadband service be made publicly available;

(c) that broadband service shall not block, slow or monitor traffic to any particular websites, subject to carefully limited exceptions including reasonable network management;

(d) that any company contracting with a municipality or Commonwealth ISP for broadband service shall comply and honor network neutrality principles;

(e) a method for any online user to request their data profile and receive a report of any information that has been collected, stored or shared relating to their use of a municipality or Commonwealth ISP broadband system; and

(f) an oversight and review process governing broadband service which ensures that all rules and guidelines are followed and enforced.

Section 14. (1) In order to protect user information, all broadband service owned by a municipality or Commonwealth ISP shall take, but not be limited to, the following steps:

(a) not collect, use, disclose or retain internet data through the use of a device, web browsing, location information or any other internet usage beyond what is necessary to provide, maintain and secure the service;

(b) monitor data information used to administer access, de-identify that data whenever possible and do not retain data information when it is no longer needed for service;

(c) provide public notice, made available in translations and in forms that users with disabilities can access, about when a municipality or Commonwealth ISP owned broadband service collects, retains or shares any data information, and the length of the data’s retention periods;

(d) not share data information with 3rd parties, except like contractors who are necessary to provide broadband service, or with opt-in consent of users;

(e) not require users to identify themselves in order to gain access to public wifi services provided by a municipality or Commonwealth ISP owned broadband service;

(f) enact reasonable security measures through policies and procedures to protect user’s data information;

(g) ensure a municipality or Commonwealth ISP owned broadband service meet standards for security and encryption that are on a par with broadband industry service standards;

(h) promptly notify users in case of any breach of data information;

(i) review privacy policies and practices of all partners, including private-sector partners, to ensure they comply with rules in this section;

(j) provide a clear oversight and review process governing the municipality or Commonwealth ISP broadband service, to ensure all rules and guidelines are followed and enforced. This should include a public ombudsman or other meaningful; and

(k) enact a process available to all users of a municipality or Commonwealth ISP broadband service to file a complaint which shall be made public for viewing purposes.

(2) When a municipality or Commonwealth ISP broadband service enters into a contract or partners with a private party, the contract shall impose penalties for contractors who violate user’s privacy or other protections to user’s data information.

(3) Data information from a municipality or Commonwealth ISP broadband service user shall not be provided to law enforcement without a warrant. If a user’s data information is requested by law enforcement or any other government agency the municipality or Commonwealth ISP shall: (i) notify the user of the request of data information; and (ii) notify the user of the name of the organization requesting the user’s data information.