Chairman Wheeler's Response to Sen Flake (R-AZ) Regarding Broadband Privacy Rules

On Oct 13, 2016, Sen Jeff Flake (R-AZ) wrote to Federal Communications Commission Chairman Tom Wheeler regarding the FCC's proposed final privacy rules. Ultimately, Sen Flake asked Chairman Wheeler to postpone any final vote on the privacy Order due to differences between the Notice of Proposed Rulemaking (NPRM) and the completed Order. Sen Flake expressed concern that the FCC wsa not seeking additonal comment from stakeholders on the proposed broadband privacy rules.

On Dec 14, 2016, Chairman Wheeler responded by citing the FCC's rulemaking process, one that is "designed to give stakeholders and members of the public ample opportunity to engage in a transparent and vigorous discussion." Chairman Wheeler also responded to Sen Flake's concerns about the rules violating the First Amendment's protection of commercial speech, as well as the conern that including web browsing and app usage in the FCC's category of sensitive information is confusing for consumers and could crate an unfair advnatage fo restablished actors in the online-advertising marketplace. Chairman Wheeler noted, "the adopted rules do not prohibit broadband Internet access providers from using or sharing their customers' information -- they simply require broadband Internet access providers to ask for permission first."