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HN has a 80-character title limit and it's not always clear how to paraphrase a longer title.

That's the usual issue with Reg headlines, they need some trimming before fitting in the title limit here.

How about "Forcing consent before selling browser histories violates free speech, say ISPs"?

Or perhaps "ISPs say selling browser histories without consent is free speech".

The difference is small, but it eliminates the tangles of who is doing what in the verbs "forcing" and "violates".