Fact-Checking the FCC’s Fact Sheet on Broadband Consumer Privacy

[Commentary] The Federal Communications Commission recently released a Fact Sheet announcing FCC Chairman Tom Wheeler had circulated to his fellow Commissioners a proposed Order with new privacy rules for Internet service providers, along with some high-level details of his proposal. In the spirit of the election-year, five statements from the Fact Sheet and the Chairman’s blog are highlighted and evaluated below.

1) "These rules...are in harmony with other key privacy frameworks and principles -- including those outlined by the Federal Trade Commission and the Administration's Consumer Privacy Bill of Rights." -- False
2) "Your ISP has a broad view of all of your unencrypted online activity -- when you are online, the websites you visit, and the apps you use." -- False
3) "91 percent of American adults say consumers have lost control over how their personal information is collected and used by companies, according to Pew Research Center." -- Misleading
4) "There are currently no rules in place outlining how ISPs may use and share their customers' personal information." -- Misleading
5) "The Chairman' Proposed Rules 'do not regulate the privacy practices of websites or apps, like Twitter or Facebook, over which the FTC has authority." -- True

[Christin McMeley, CIPP-US, is the Chair of DWT's privacy and security practice.]