Preserve Consumer Privacy Trades

The Commission seems intent to push forward, in the coming weeks or months, with a specious plan imposing new broadband privacy mandates and burdens. Reacting to this impending action, a number of broadband providers have sought to retain the ability to offer consumers incentives in exchange for consumers’ willingness to share a greater level of private information. Seemingly in disagreement, Federal Communications Commission leadership is quoted as saying that they “hope privacy doesn’t become a luxury item.” If data sharing enticements are prohibited, however, it would harm the overall operations of the Internet, increase companies’ costs for offering features and functions, and decrease consumer options. Such an approach tramples on the notion of consumer choice.

In the coming weeks, the FCC will debate internally over whether and what consumer privacy protections to enact. Arguably, the Commission should rethink its insistence to enact new broadband privacy rules, but assuming it moves forward, it should not prohibit private data exchanges that benefit consumers in the form of lower prices, greater service or more features and functions.