The New Frontier in Protecting Broadband Privacy

Thanks to Cambridge Analytica and other scandals, the federal government is now discussing tech platform privacy issues more than ever. But localities—most recently, New York City—have been stepping in to try to fill the broadband privacy gap. Other local officials should look to New York City as a model for their own legislation or rules, and the public should be pushing their local representatives to protect broadband privacy. Because cities typically have authority over cable franchise agreements, local rules generally apply only to cable broadband providers—and thus apply to companies like Comcast but not AT&T or T-Mobile. In 2017, Seattle (WA) became the first city to enact cable privacy rules. The Seattle rules require cable operators to obtain opt-in consent prior to collecting or disclosing information about browsing habits, financial information, and a variety of other types of information. 

Without the Federal Communications Commission’s broadband privacy rules in place, there are no rules on the books protecting consumers from misuse of their information collected by their broadband provider. Seattle residents continue to be protected thanks to their forward-looking cable privacy rule. With any luck, DC and NYC residents will soon enjoy those protections as well. 

[Eric Null is senior policy counsel at New America's Open Technology Institute]