On July 8, 2024, the Massachusetts State Senate concurred to amendments introduced by Bill S.218 for an Act Ensuring Internet Security and Privacy after it was introduced to the Senate on February 16, 2023, and concurred by the Massachusetts House of Representatives on the same date.

In particular, the bill proposes an amendment to Chapter 93 of the General Laws 2020 with the insertion of §115, which states that no telecommunications or internet service provider that has entered into a franchise agreement, right-of-way-agreement, or other contracts with the Commonwealth of Massachusetts or a political subdivision, or that uses facilities that are subject to such agreements, even if it is not a party to the agreement, or otherwise operates in the commonwealth of Massachusetts may collect, use, disclose, or otherwise disseminate personal information from a customer resulting from the customer's use of the telecommunications or internet service provider without express written approval from the customer.

Furthermore, the bill provides that no such telecommunication or internet service provider shall add an additional surcharge for customers who do not provide their express written approval. Said providers also cannot refuse to provide services to a customer on the grounds that the customer has not approved the collection, use, disclosure, or other forms of dissemination of their personal information.

You can read the bill here and track its progress here.