FCC Approves Phone Privacy Clarification Order

The Federal Communications Commission has adopted the order clarifying that the rules on phone privacy are back in effect and dismissing as moot challenges to the telecom broadband privacy rules Congress nullified through a Congressional Review Act resolution. The vote was unanimous but with commissioner Mignon Clyburn dissenting in part and with a lot to say about what she viewed as the remaining lack of clarity about broadband privacy protections.

FCC Chairman Ajit Pai circulated the item earlier this month, which also reminds telecoms of their annual privacy compliance certification obligations. The FCC went straight to an order rather than putting the item out for notice and comment, explaining that "because we are simply recognizing the effect of the resolution of disapproval, we find that notice and public procedure are unnecessary to reflect this action in the Code of Federal Regulations."