FCC Enforcement Bureau Guidance: Broadband Providers Should Take Reasonable, Good Faith Steps To Protect Consumer Privacy

The Federal Communications Commission’s Open Internet Order applies the core customer privacy protections of Section 222 of the Communications Act to providers of broadband Internet access service (“BIAS”). The FCC has found that absent privacy protections, a broadband provider’s use of personal and proprietary information could be at odds with its customers’ interests and that if consumers have concerns about the protection of their privacy, their demand for broadband may decrease. At the same time, the FCC declined to apply its existing telephone-centric rules implementing Section 222 and indicated that in the future it may adopt implementing rules that are tailored to broadband providers. As a result, the statutory provisions of Section 222 themselves will apply to broadband providers when the Open Internet Order goes into effect. This Advisory provides guidance to broadband providers about how the Enforcement Bureau intends to enforce Section 222 in connection with BIAS during the time between the effective date of the Open Internet Order and any subsequent FCC action providing further guidance and/or adoption of regulations applying Section 222 more specifically to BIAS.