FCC vote could be game changer for Internet privacy

[Commentary] Largely overlooked in the debate over the Federal Communications Commission’s network neutrality rules is the impact they will have on privacy. This could be a game changer, requiring Internet service providers to seek customers' permission before monitoring or sharing personal information.

"Potentially, this could apply to every Web request you make," said Marc Rotenberg, head of the Electronic Privacy Information Center. "If the same safeguards that now apply to phone services are applied to broadband, this could have major implications for Internet service providers," he said.

At issue is Section 222 of the Communications Act. It requires that telecom companies protect customers' "proprietary information," such as how you use their services. In the context of telephones, for which the provision was created, Section 222 is relatively benign. It empowers a telecom company to market different services to you based on, say, how many long-distance calls you make. In the context of the Internet, however, Section 222 takes on more sweeping significance, covering almost everything you might do online, from the sites you visit and searches you perform to the things you buy.

"Clearly, where you go and what you do on the Internet qualifies as proprietary information under the law," said Ryan Calo, an assistant law professor at the University of Washington who specializes in Internet privacy. "This potentially covers a lot of ground."