Home > Legislation > 1 for the Triple 9: Maine Internet Law Declared Unconstitutional

1 for the Triple 9: Maine Internet Law Declared Unconstitutional

Yesterday, a Maine district court ruled that the state’s freshly minted Act to Prevent Predatory Practices Against Minors was unconstitutional. The short-lived Act (it passed in July and was supposed to have taken effect on September 12th) is the latest of the “COPPA 2.0” statutes – state legislation that attempts to expand current age verification requirements under federal law for companies that collect and share information online.

This Act would have expanded requirements under federal law to include adolescents, not just minors under 13. Then, it would have extended those same federal requirements to cover certain offline activities, while including “health information” within the definition of regulated information.  Finally, the Act included a private right of action.

As you might imagine, the legislation generated intense comment and opposition from a wide range of interests – from think tanks to technology companies and Maine’s own press association.   But perhaps the most important nail in this Act’s coffin was the announcement last week that Maine’s Attorney General Janet Mills would not enforce the Act because of concerns with its constitutionality.

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