Chairman Wheeler's Proposal to Give Broadband Consumers Increased Choice Over Their Personal Information

Federal Communications Commission Chairman Tom Wheeler has circulated to his fellow Commissioners a proposed Order to give consumers the tools they need to choose how their Internet service provider (ISP) uses and shares their personal data.

Building on widely accepted privacy principles, the rules would require that ISPs provide their customers with meaningful choice and keep customer data secure while giving ISPs the flexibility they need to continue to innovate. The rules, if adopted, would not prohibit ISPs from using or sharing their customers’ information – they would simply require ISPs to put their customers in the driver’s seat when it comes to those decisions. The approach Chairman Wheeler is recommending reflects extensive public comments received in response to the comprehensive proposal adopted by the Commission in March, including input from the Federal Trade Commission. Here's an outline of Chairman Wheeler's proposal:

• Focus is on providing consumers choice over how to protect their privacy and their children's privacy online.
• ISPs must tell customers about the collection, use, and sharing of their information.
• Prohibits "Take-it-or-leave-it" offers, meaning that an ISP can't refuse to serve customers who don't consent to the use and sharing of their information for commercial purposes.

The full Commission will vote on the proposed Order at the FCC’s October 27 Open Meeting.