Minnesota passes the nation's first Internet privacy law.

This Article will examine the new Internet privacy law passed by the Minnesota state legislature. The law restricts an Internet service provider's disclosure of information that identifies a consumer by physical or electronic address or telephone number, by a history of Internet or online sites visited by the consumer, or by information stored on any of the consumer's data storage devices. The law is narrow in scope, but represents an important first step in protecting personal privacy online. In addition, the law anticipates the passage of a federal law, as it specifically expires on the effective date of any federal legislation that preempts state regulation of personally identifiable information. This Article thus will compare the Minnesota law to a proposed Senate bill that is far greater in scope.

I. INTRODUCTION

In a scene from Steven Spielberg's futuristic film, "Minority Report," the main character walks through a commercially enhanced shopping mall. (1) Holographic billboards greet him every few seconds: "Stressed out John Anderton? Need a vacation? Come to Aruba."; "Challenge yourself, John! Push harder, John!"; and "It's not just a car, Mr. Anderton. It's an environment." (2)

While the film is set in the year 2054, when sophisticated iris scan technology provides instant recognition of people by machines that scan their eyeballs, (3) we presently have the similar capability to identify and monitor the habits of online users. By tracking personal information like social security numbers, telephone numbers or e-mail addresses, individuals can be immediately identified. Unlimited amounts of information can be tied to those identifiers.

When someone buys an item in a store and is asked for his or her phone number at the cash register, all the information about that transaction can be permanently associated with that person. When one uses a grocery store's discount card, all of the purchases can be recorded. On the Internet, whenever someone visits a website, requests information, or performs a search, that information can be saved and linked to that person.

In the brick and mortar world, one can choose not to divulge a phone number to a clerk at the cash register, or refuse to shop at stores that require the use of a special card to receive discounts. On the Internet, however, it is becoming increasingly difficult to retain much anonymity.

If someone entered a store at a shopping mall and was greeted with a voice saying, "Hello, Mr. Yakamoto! Welcome back. How'd those assorted tank tops work out for you?" he might think twice about returning to that store. While some people might enjoy a personal welcome with ready service, others might prefer to shop more anonymously. In the non-electronic world, one always has the option of leaving the store.