Earlier this month I introduced a bill, LD 818 “An Act to Limit Spam Texting.” While this bill still has several hurdles before its passage, I am eager to share the details.
Joseph Rafferty
The idea for this bill came to me last fall during the height of campaign season. I was barraged on a daily basis with texts, spam calls and emails. Most were related to an election somewhere, and the rest were from sources I had no tie to, nor interest in. I made a promise to myself that, should I get elected, I would try to find a way to stop this.
I have since been elected to the Legislature and have hit the ground running with this bill. I have heard from constituents time and again about how frustrating these texts can be and even some instances where folks select to opt out yet the texts persist. I know we can do better, and this bill aims to accomplish that.
The bill seeks to change the rules of engagement, consent and personal data shared between groups who participate in mass text campaigns and those they are sending texts to. Under current law, campaigns and advocacy groups who distribute political information (phone calls, bumper stickers, flyers, etc.) within a certain time from Election Day must clearly state the name and address of the candidate or committee responsible for financing the communication.
What is not included under the definition of a “publication or distribution of political communications” in Maine law is text messaging. This bill would change that.
I think it is important that the Legislature address this issue. As time goes on, our personal information will only become more valuable. We have to make sure laws keep up with the nature of the times. Campaigns are not going to stop trying to reach voters, and they shouldn’t, but our individual rights to our own data along with knowing who is trying to contact us needs to be a priority as well.
As legislators work on this bill, I hope we can incorporate options for folks to opt-in and opt-out by granting or denying consent when a campaign first reaches out as well as a follow-up message explicitly stating what I agreed to when giving my consent. Additionally, I would love to see a requirement for these organizations to state how and what your personal data will be used for, if anything.
You deserve to know what groups have your data and what they’re doing with it. Lastly, if an organization that has my data — including name, phone number and address — has a data breach, I would like to see a requirement that notification be sent to those whose data was exploited.
Ultimately, this bill is about putting the power in the people’s hands when it comes to these mass text message campaigns, not candidates or their related political campaigns.
This bill is still in its infancy, but I am confident the Maine Legislature will take steps to address this problem. If you ever have any comments or questions, you can always reach out to me at joe.rafferty@legislature.maine.gov or by phone at 207-590-9902.
Joseph Rafferty is a member of the Maine State Senate representing District 34, Acton, Kennebunk, Lebanon, Moody, North Berwick, Wells, West Lebanon and part of Berwick. He can be reached at Joe.Rafferty@legislature.maine.gov.
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