A double standard on internet privacy

[Commentary] To consumers, an Internet service provider using customer geolocation data (for example) to send them relevant advertising or Google using geolocation data to send them relevant advertising is a distinction without a difference. To require that consumers opt-out of a default privacy protection regime for ISPs and opt in to a privacy regime for using Google or Facebook potentially confuses the privacy issue. Why doesn’t the FCC just apply the same privacy law to Google and Facebook? Because it can’t.

Concerns about privacy are legitimate and change over time. It is reasonable to vigilantly and continuously assess the costs and benefits of any given privacy policy and adjust when necessary. But a disjointed policy that treats similarly situated economic players differently is not the answer.

[Babette Boliek is an associate professor of law at Pepperdine University School of Law ]