The US Senate has voted to dismantle the FCC’s broadband privacy rules. Among other things, the rules require ISPs get consumer consent before using personal data. If signed by the president, the law will repeal the FCC’s broadband privacy framework, and eliminate the requirement that cable and broadband providers offer customers a choice before selling their sensitive, personal information. FCC commissioner Mignon Clyburn and FTC commissioner Terrell McSweeny said in a joint statement that the move goes completely against putting the consumer first and that it will frustrate the FCC’s future efforts to protect the privacy of voice and broadband customers.
The commissioners said that if passed, the new law will also create a massive gap in consumer protection law, as broadband and cable companies now have no discernible privacyrequirements. The commissioners are now calling on the House of Representatives, which still has to consider the law, to not let the dismantling take place.
FCC chairman Ajit Pai earlier called on the commission to suspend the privacy rules passed last year. They were scheduled to go into effect in March. The FCC in early March approved Pai's proposal to suspend part of the ISP privacy regulations. Specifically, it issued a temporary stay of a data security regulation that would have subjected internet service providers to a different standard than that applied to other companies in the internet industry by the FTC. The stay was to remain in place until the Commission decided on alternative action.
US industry groups USTelecom and the American Cable Association (ACA) expressed their satisfaction with the Senate vote. ACA said the rules that would have imposed unwarranted and burdensome regulations on smaller broadband providers. ACA said the regulations were onerous and singled ISPs out with overly restrictive privacy responsibilities. ACA said the rules were also not fair, as they exempted the larger providers. The industry group said it would work with the FCC to develop a new “comprehensive and consistent framework”' for protecting online privacy, and that its members had committed to adhering to a voluntary set of ISP Privacy Principles covering transparency, consumer choice, data security and data breach notification.
