In the absence of a broad federal privacy law, states have been stepping up in the past couple of years to fill in the gaps and regulate the field. While most have followed a similar, comprehensive approach, others such as Maine have focused on regulating specific data collection by internet service providers (ISPs). But whether that more targeted approach could still catch on remains unclear.
While Maine’s privacy law has recently stood its ground against major legal challenges, few expect other states to follow Maine’s ISP-focused regulation. However, Maine’s case can still serve as an example for legislators pondering how to navigate regulating data collection without running into First Amendment challenges.