Jedidiah Bracy

[Commentary] Fallout from a vote to roll back the Federal Communications Commission's broadband privacy rules continues to ripple through the US. Gigi Sohn, a former FCC staffer and advisor to previous FCC Chairman Tom Wheeler, said, "I think the fervor over this is not going to die down anytime soon," adding, "I think it's going to become an election issue. This is something everybody can understand." The roll back could have broader surveillance fallout as well. At least, that's what law professor Paul Ohm contends in an op-ed for The Washington Post. Not splitting hairs whatsoever, Ohm writes, "Once Trump signs the bill, diminishing the FCC's power to police privacy online, ISPs will feel empowered — perhaps even encouraged – by Republicans (no Democrats voted for this measure) to spy on all of us as they never have before. And spy they will." It's too early to tell whether this week's rollback will ultimately cost Republicans political capital, but for now, the headlines are still humming — right or wrong.

[Commentary] Though it is not yet clear how a President Trump will come down on privacy issues specifically, based on past comments and insights from thought leaders in the space, there are several trends that could emerge.

President-elect Trump has consistently referred to himself as the "law-and-order" candidate and was outspoken about giving law enforcement tools for accessing digital communications. Some worry that means a greater potential for a government-supported mandate for backdoors into encrypted communications. Together with the re-election of Sen Richard Burr (R-NC), who led efforts in the past year to draft legislation mandating law enforcement access to encrypted communications, a Trump presidency, at the very least, offers some uncertainty here. "I imagine (Trump) is going to be a guy who is probably going to mandate back doors," said Strategic Cyber Ventures Chief Operating Officer Hank Thomas. A former National Security Agency official, Thomas added, "I don't think he's ultimately going to be a friend to privacy, and the fearful side of me says he will get intelligence agencies more involved in domestic law enforcement."