Redrawing the Battle Lines in the ISP Privacy Debate

Some have argued the Federal Communications Commission should not have privacy authority at all because it lacks privacy “expertise, personnel, or understanding.” But Congress should not heed those arguments.

The FCC has long protected the privacy of telephone customers and would use that expertise in enforcing broadband privacy. Nor should Congress attempt to gut the Federal Trade Commission’s authority by, for instance, capping the time period of consent decrees at eight years rather than the typical 20 years, which Congress has indicated it wants to do. The FTC has been an effective privacy protector for the past two decades in part because it has many tools to protect consumers. Congress would be making a mistake should it undermine either agency’s authority in the name of “protecting” consumer privacy. Americans want and deserve better privacy protections—and they almost got them. Unfortunately, Congress and the president had different plans and have made it more difficult for consumers to protect their privacy. But there are still some paths forward, even if less optimal, to protect broadband privacy. The battle lines have been redrawn, and we have to adjust—quickly.