Setting the Record Straight: What the Congressional Review Act Means for the FCC’s Broadband Privacy

One significant threat to the public interest under the new administration that is receiving increased attention is broadband privacy for consumers. The Congressional Review Act (“CRA” for you Washington types), is a little known bill passed in 1996 that allows Congress to completely get rid of rules passed by an federal agency within 60 days of being published in the Federal Register or submitted to Congress, whichever is later. Once Congress uses the CRA on a rule, it is like the rule never existed. In legal speak, the rule has no force or effect...

The practical truth is, if the CRA is passed, consumers will be left with no one to enforce their privacy rights. Congress should be in the business of protecting consumers, not eliminating protections, especially given the recent news showing the technological advances in monitoring Americans and the importance of data security rules to strong cybersecurity protections. It’s time for Congressional leaders to reassure Americans that their sensitive, personal information will be properly protected. The FCC broadband privacy rules were a strong step in that direction. They should not be repealed, and if they are, at a minimum Congressional leaders should be clear about how they will be legally replaced without weakening protections.