Free State: FCC Should Scrap Broadband Privacy Order

The Free State Foundation, a free market think tank focused on communications and content rights issues, has told the Federal Communications Commission it needs to scrap its new privacy rules for Internet service provider data collection and sharing—or at least amend them to square with the Federal Trade Commission's approach to regulating edge provider collection and sharing. That came in comments in opposition from ISPs, advertisers and others, who asked the FCC to reconsider the new broadband privacy framework adopted by a Democratic-led FCC back in October over the dissents of both Republicans, which includes current FCC chair Ajit Pai.

In its comments, Free State said the framework was both beyond the FCC's legal authority and arbitrary. "The Commission's imposition of intrusive privacy rules on ISPs – but not on non-ISPs that also collect personal information and data, and much more of it – is contrary to the principle that laws should be applied equally to all, absent compelling reasons to the contrary," it said. The FCC rules require opt-in consent from consumers for collecting and sharing a broad category of "personally sensitive" information, including app use and web surfing histories, neither of which are opt-in for edge providers under FTC oversight.