SB 6 — AN ACT CONCERNING NET NEUTRALITY PRINCIPLES AND INTERNET PRIVACY.

General Assembly ProposedCommittee Bill No.

1613916 Referred to Committee on ENERGY AND TECHNOLOGY Introduced by:

SEN.(ET) AN ACT CONCERNING NET NEUTRALITY PRINCIPLES AND INTERNET PRIVACY.

DUFF, 25th Dist.

AN ACT CONCERNING NET NEUTRALITY PRINCIPLES AND INTERNET PRIVACY.

ThatSection the1. general statutes be amended to:

(1)(NEW) Require(Effective InternetJanuary service1, providers2020) operating(a) inAs theused state to register with the Public Utilities Regulatory Authority and pay an annual registration fee, require the Public Utilities Regulatory Authority to apply net neutrality principles to Internet service providers in Connecticutthis andsection: require a civil penalty be imposed by the Public Utilities Regulatory Authority for failure of an Internet service provider to comply with such principles where each day in violation is a separate offense;

and(1) (2)"Broadband ProhibitInternet telecommunicationsaccess companies,service" certifiedmeans telecommunicationsa providers,mass-market certifiedretail competitiveservice videoby servicewire providersor andradio Internetthat serviceprovides providersthe thatcapability haveto enteredtransmit intodata franchiseto agreements,and agreementsreceive involvingdata thefrom useall ofor thesubstantially publicall right-Internet of-wayendpoints, orincluding any othercapability contractthat withis theincidental stateto orand anyenables politicalthe subdivisionoperation of the stateservice, frombut collectingexcluding personaldial-up informationInternet fromaccess aservice; customer LCO No.

161(2) 1"Content, applications and services" means all traffic transmitted to or from end users of 2a Proposedbroadband BillInternet No.access service;

6(3) resulting"Edge fromprovider" themeans useany ofperson suchor companyentity orthat providerprovides without(A) expressany writtencontent, consentapplication fromor suchservice customerover andthe refusingInternet, toor provide(B) servicesa baseddevice onused lackfor ofaccessing suchany expresscontent, writtenapplication consent.or service over the Internet;

Statement(4) of"End Purpose:user" means any person or entity that uses a broadband Internet access service;

To require Internet service providers to register and pay registration fees and require the Public Utilities Regulatory Authority to apply net neutrality principles to Internet service providers and enforce such principles with civil penalties and to prohibit certain telecommunications companies, certified telecommunications providers, certified competitive video service providers and Internet service providers from collecting personal information from a customer resulting from the use of such company or provider without express written consent from such customer and refusing to provide services based on lack of such express written consent.

1613916 21 of 26 Committee Bill No.6 (5) "Fixed broadband Internet access service" means a broadband Internet access service that services end users primarily at fixed endpoints using stationary equipment, including fixed wireless services, fixed unlicensed wireless services and fixed satellite services;

(6) "Mobile broadband Internet access service" means a broadband Internet access service that serves end users primarily using mobile stations;

(7) "Net neutrality principles" means the provisions described in subsections (d) to (g), inclusive, of this section;

(8) "Paid prioritization" means the management of a broadband Internet access service provider's network to directly or indirectly favor some traffic over other traffic, including through use of techniques such as traffic shaping, prioritization, resource reservation or other forms of preferential traffic management either (A) in exchange for monetary or other consideration from a third party, or (B) to benefit an affiliated entity;

(9) "Authority" means the Public Utilities Regulatory Authority;

and (10) "Reasonable network management" means a network management practice that has a primarily technical network management justification, but does not include other business practices, provided a network management practice is reasonable if it is primarily used for and tailored to achieving a legitimate network management purpose, as determined by the authority, taking into account the particular network architecture and technology of the broadband Internet access service.

(b) A person or entity engaged in the provision of fixed or mobile broadband Internet access services within the state shall register with the authority, in a manner prescribed by the authority.

Beginning with January 1, 2020, and on or before each January first thereafter, each registered person or entity shall pay an annual registration fee to the LCO No.

3916 2 of 6 Committee Bill No.6 authority in the amount of five thousand dollars.

(c) A person or entity engaged in the provision of fixed or mobile broadband Internet access services within the state shall publicly disclose accurate information regarding the network management practices, performance and commercial terms of its broadband Internet access services sufficient, as determined by the authority, for end users of such services to fully and accurately ascertain if the service is in compliance with this section.

(d) A person or entity engaged in the provision of fixed or mobile broadband Internet access services within the state shall not block lawful content, applications, services, as determined by the authority, or nonharmful devices, as determined by the authority, subject to reasonable network management.

(e) A person or entity engaged in the provision of fixed or mobile broadband Internet access services within the state shall not impair or degrade lawful Internet traffic on the basis of Internet content, application or service, or use of a nonharmful device, subject to reasonable network management.

(f) A person or entity engaged in the provision of fixed or mobile broadband Internet access services within the state shall not engage in paid prioritization.

(g) Any person or entity engaged in the provision of fixed or mobile broadband Internet access services within the state shall not interfere with or disadvantage (1) end users' ability to select, access and use broadband Internet access service or lawful Internet content, applications or services, or devices of such end users' choice, or (2) edge providers' ability to make lawful content, applications, services or devices available to end users, provided such person or entity may engage in reasonable network management.

(h) The authority shall receive and record complaints of any end LCO No.

3916 3 of 6 Committee Bill No.6 user of broadband Internet access service within the state.

Upon receipt of such complaints, the authority may, in its discretion, review the performance of a person or entity engaged in the provision of fixed or mobile broadband Internet access service.

The authority, upon a finding that any such person or entity failed to comply with the net neutrality principles described in this section, shall make orders, after a hearing that is conducted as a contested case in accordance with chapter 54 of the general statutes, to enforce the provisions of this section and may levy civil penalties against such person or entity, pursuant to section 16-41 of the general statutes, for noncompliance.

(i) Nothing in this section shall be considered to supersede or limit any obligation or authorization a person or entity engaged in the provision of fixed or mobile broadband Internet access services may have to address the needs of emergency communications, law enforcement, public safety or national security authorities, consistent with or as permitted by applicable law.

Nothing in this section shall be construed to prohibit reasonable efforts by a person or entity engaged in the provision of fixed or mobile broadband Internet access services to address copyright infringement or other unlawful activity.

Sec.

2.

(NEW) (Effective October 1, 2019) (a) As used in this section:

(1) "Browsing history" means information that shows a consumer accessed a specific web site;

(2) "Consumer" means an Internet service account holder, such account holder's immediate family and any other person such account holder permits to access the Internet through use of such account holder's account;

(3) "Express and affirmative permission" means permission that (A) is explicitly solicited in writing or by electronic means separate from any other terms of service or items of consent, (B) is clear and succinct, (C) clearly identifies any person to whom an Internet service provider will transfer personally identifying information, (D) outlines the scope LCO No.

3916 4 of 6 Committee Bill No.6 of the personally identifying information to be transferred, (E) includes a warning that after the grant of such permission, state law cannot guarantee that the person who receives such personally identifying information will not transfer that information to a third party or otherwise publicize such personally identifying information, (F) is sought by an Internet service provider for each person to whom it seeks to transfer such personally identifying information, and (G) expires not later than one year after such permission is granted;

(4) "Internet service provider" means a company that provides consumers with connectivity to the Internet and operates in the state, including any such company that sells Internet service in the state;