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When the Federal Communications Commission passed the Open Internet Order in 2015, establishing the strongest net neutrality rules to date, broadband internet was reclassified from an information service to a telecommunications service. Broadband providers are now considered “common carriers,” which means the FCC is responsible for regulatory oversight, including privacy rules, under the Communications Act, just as they are for telephone services.
The FCC, as mandated by Congress, has successfully overseen consumer privacy for the telephone network for decades, and it is now tasked with establishing privacy rules for Internet Service Providers.
On October 26th, the FCC passed a proposal that establishes important consumer privacy protections for broadband providers. These are the first rules that outline how ISPs can use and share their customers’ private information.
The rules prevent broadband providers from tracking the online behavior of customers without their permission. The rules also create clear requirements for broadband carriers to protect customers’ personal information, and require carriers to notify customers in the event of a data breach.
The rules give customers more control over their personal data—including browsing history, app usage, and information related to finances, health, and children. ISPs can still use customer data for service-related uses, but they should not be able to use your data to build and sell massive, detailed dossiers without your knowledge.
Public Knowledge is an advocate for putting broadband customers in the driver’s seat of their personal information. Customers shouldn’t have to choose between internet access and protecting their most sensitive data.
You can read our press release on the new FCC privacy rules here.
Before the FCC voted on the privacy proposal, PK Policy Fellow Dallas Harris wrote a blog post about the proposal, including how it compares with the framework for broadband privacy established by the Federal Trade Commission before broadband internet was reclassified, and the importance of identifying browsing history and app usage as sensitive data.
In February 2016, Public Knowledge published a white paper entitled “Protecting Privacy, Promoting Competition.”