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States Seek Reasonable-Sounding—But Logistically All-But-Impossible—Payment Rules

March 9, 2016

Some state legislatures are pushing some potential laws aimed at giving consumers—and their heirs—more control over their digital lives. But in doing so, some are preparing to impose rules on merchants that neither the merchant—nor the merchant’s payment facilitator—are likely to be able to obey.

The thrust of the rules—under consideration in states such as Oregon and Connecticut—are honorable. They are intended to avoid the heart-wrenching stories of a parent or other next-of-kin unable to access a deceased loved one’s e-mails or social media interactions. But the legislation goes beyond that in some cases, granting consumers much more control over their digital footprints. In Connecticut, for example, the bill “would allow consumers to ask stores you no longer do business with to delete your personal information so that your personal information would not be compromised in the event that the company is hacked,” according to a report from NBC Connecticut. That’s where things get dicey.

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