ISPs seek end of privacy rules just in time for Trump’s inauguration

New privacy rules that protect the Web browsing data of broadband subscribers went into effect just two weeks ago, but they could be overturned shortly after Republicans gain a majority at the Federal Communications Commission. The FCC voted on the rules on Oct 27, and they partially took effect on Jan 3. Also on Jan 3, trade groups representing Internet service providers filed petitions asking the FCC to reconsider the rulemaking, said an FCC public notice issued Jan 17. Normally, these petitions for reconsideration would be rejected by the FCC, and ISPs' next option would be to sue. But in this case, the privacy rules were passed 3-2, with three Democrats voting for the rules and two Republicans voting against them. Those two Republicans, Ajit Pai and Michael O'Rielly, will enjoy a 2-1 majority after President-elect Donald Trump's inauguration Jan 20.

Once the public notice is published in the Federal Register, supporters of the privacy rules will have 15 days to file oppositions to the petitions for reconsideration. After that, there will be another 10 days allotted for replies to oppositions. Commissioners Pai and O'Rielly will presumably then get the process for overturning the rules moving. Even if the FCC does eliminate the privacy rules in response to the petition for reconsideration, that action could be appealed in court by supporters of the privacy rules.