FCC’s Idea of a Broadband Privacy ‘Compromise’ Involves Few Compromises

If the Federal Communications Commission gets its broadband privacy rule wrong, Internet service providers, consumers, and edge providers could all suffer. The FCC "compromise" on its privacy rules is far from the real change needed to protect the Internet economy.

FCC Chairman Tom Wheeler’s revised proposal claims to be a compromise that draws upon the Federal Trade Commission’s suggestion of opt-in consent for only sensitive data, but in reality the commission’s new proposal eliminates the need to distinguish between sensitive and non-sensitive data because opt-in consent will still be mandated for most of the consumer information useful for broadband providers. The FCC’s revised rule in essence tells ISPs that they can now be smothered by a ton of regulatory feathers instead of a ton of stone. So why is it critical that the FCC adopt an approach closer to that of the FTC? If the commission gets the broadband privacy rule wrong, ISPs, consumers, and those providing internet content and services could all suffer negative consequences.