FCC chairman Tom Wheeler has circulated for consideration by the full commission a notice of proposed rulemaking to ensure consumers have the tools they need to make informed choices about whether and how their data is used and shared by their broadband providers. The proposal would apply the privacy requirements of the Communications Act to broadband internet access service. It will be voted on by the full commission on 31 March and, if adopted, will be followed by a period of public comment. The chairman’s proposes to separate the use and sharing of information into three categories and the adoption of clear guidance for both ISPs and customers about the transparency, choice and security requirements for that information.
The proposed rulemaking's scope excludes the privacy practices of websites such as Twitter and Facebook, over which the FTC has authority, other types of services offered by a broadband provider, such as operation of a social media website, or issues such as government surveillance, encryption or law enforcement.
Wheeler's plan was welcomed by industry associations and online privacy groups alike, including USTelecom, the CCA, the CTIA and Public Knowledge.
In addition to the proposed rulemaking and associated fact sheet, Wheeler wrote a piece in the Huffington Post to speak directly to American consumers. He tells his readers, “One of the most important things to remember about this proposal is that it is narrowly focused on the personal information collected by network providers. The privacy practices of the websites that you choose to visit are not covered by this proposal. Indeed, there are other federal and state agencies, namely the Federal Trade Commission, that do a great job dealing with such companies and their privacy practices."
"We’re sticking to our knitting – decades of expertise concerning communications networks. Also, this proposal does not wade into government surveillance, encryption or other law enforcement issues. This is about ISPs and only ISPs,” Wheeler adds, and ends his piece with “The bottom line is that it’s your data. How it’s used and shared should be your choice.”
