The Illusion of Confusion and the FCC’s Broadband Privacy Proposal

[Commentary] The Federal Communications Commission has proposed new rules to protect broadband users’ privacy, and Free Press filed our comments urging the agency to follow the law and take this important step. We explained that Congress has already made this decision. It’s the Communications Act (not FCC Chairman Tom Wheeler, or advocacy groups like ours) that commands this result.

Telecommunications carriers, including broadband providers, must get affirmative consent from their customers before using or selling their private information. Period. Nevertheless, some of the current occupants of Congress would rather ignore the law governing agency action. Reps Fred Upton (R-MI), Greg Walden (R-OR) and Michael Burgess (R-TX) — the current chairmen of the House Energy and Commerce Committee and two of its key subcommittees — suggest that the FCC should freeze in its tracks rather than adopt strong rules protecting some parts of what they call the Internet ecosystem. Fortunately for internet users, the Communications Act says otherwise.