ISPs Propose Alternative to FCC Privacy Rules

“These principles are consistent with the FTC’s privacy framework, which has proved to be a successful privacy regime for many years and which continues to apply to non-ISPs, including social media networks, operating systems, search engines, browsers, and other edge providers that collect and use the same online data as ISPs,” the Friday release said. “That framework has protected consumers’ privacy while fostering unprecedented investment and innovation. The principles are also consistent with the FCC’s May 2015 Enforcement Advisory, which applied to ISPs for almost two years while the FCC’s broadband privacy rules were being considered.” Advocates for Rural Broadband, Altice USA, the American Cable Association, AT&T, Charter Communications, Citizens Telephone and Cablevision, Comcast, Cox Communications, CTIA, ITTA, NCTA, NTCA, T-Mobile, USTelecom, Verizon, VTX1 Cos., the Wireless ISP Association and WTA were among those that endorsed the principles. “As we previously noted, the framework adopted last fall by the FCC significantly departed from the FTC regime, most importantly in the treatment of web browsing and app history data,” said Joan Marsh, AT&T senior vice president-federal regulatory, in a blog post. “The FCC’s order failed to recognize that consumers want their information protected based on the sensitivity of the information, not the entity collecting it. The FCC’s divergent, and illogical, approach will serve only to confuse consumers, who will continue to see ads based on their web browsing history collected by edge providers even after being told by their service provider that their consent is required for use of such information.”