Dallas Harris

One significant threat to the public interest under the new administration that is receiving increased attention is broadband privacy for consumers. The Congressional Review Act (“CRA” for you Washington types), is a little known bill passed in 1996 that allows Congress to completely get rid of rules passed by an federal agency within 60 days of being published in the Federal Register or submitted to Congress, whichever is later. Once Congress uses the CRA on a rule, it is like the rule never existed. In legal speak, the rule has no force or effect...

The practical truth is, if the CRA is passed, consumers will be left with no one to enforce their privacy rights. Congress should be in the business of protecting consumers, not eliminating protections, especially given the recent news showing the technological advances in monitoring Americans and the importance of data security rules to strong cybersecurity protections. It’s time for Congressional leaders to reassure Americans that their sensitive, personal information will be properly protected. The FCC broadband privacy rules were a strong step in that direction. They should not be repealed, and if they are, at a minimum Congressional leaders should be clear about how they will be legally replaced without weakening protections.

Public Knowledge, joined by Benton Foundation and the Center for Digital Democracy, filed an Opposition to Petitions for Reconsideration of the Federal Communications Commission’s Broadband Privacy Order adopted in 2016. We seek to preserve elements of the Order that enable Americans to control both how their data is collected and how that data gets used, including a requirement that internet service providers should take “reasonable measures” to secure broadband subscribers’ data.

Dallas Harris, Policy Fellow at Public Knowledge, said, “Despite the exploding vulnerability consumers feel as today’s digital marketplace virtually forces them to expose their most private personal data online, both internet providers and advertising agencies petitioned the Commission to return us to a time when Americans had much less control over how their information is collected and used. There’s no denying that consumers need more control over their data, not less, which is why we oppose those petitions that asked the Commission to abandon its successful efforts to protect our privacy online.”

After almost two years of having no rules and no protections, broadband providers and advertisers want to further delay having strong privacy protections from consumers. We cannot continue to have zero accountability from broadband providers when it comes to protecting the public’s personal information, from social security numbers to our internet browsing history to even our physical location. Americans have a right to control their own data and what happens to it, which is why Public Knowledge joined 10 other public interest groups in filing this Opposition. Broadband providers should remember that consumers aren’t the product -- they’re the customers, and they have a right to control how their information is used.