Privacy Must Keep Pace with Evolving Technology

While some state legislative proposals target internet service providers (ISPs), we are also seeing a steady stream of state bills that seek to regulate broader aspects of internet privacy and cover all online companies. This fragmented approach will only serve to confuse consumers, impede innovation and distort competition.

In 2015, the Federal Communications Commission (FCC) asserted privacy jurisdiction over ISPs and adopted ISP privacy rules that would have favored some online service providers over others. The Federal Trade Commission itself pointed out that these would have subjected consumers to an illogical and confusing array of regulations. The FCC’s actions also served as a warning that other federal agencies could adopt internet privacy regulations for specific sectors that create even more imbalance among internet companies. While Congress wisely repealed the FCC rules before they could take effect later this year, the issue of which agency has jurisdiction over ISP privacy has yet to be resolved.