Today, the FCC voted to pass the Restoring Internet Freedom order, which repeals the 2015 “net neutrality” rules and reverts back to the “light regulatory” touch the FCC previously had in place regarding internet service providers (“ISPs”). Of primary importance, the FCC restored the classification of Broadband Internet Access Services as “information services” under Title
FCC Passes the “Restoring Internet Freedom” Order, Repealing Net Neutrality Rules and Restoring FTC Jurisdiction Over Online Consumer Protection
On October 27, 2016, the FCC released rules to “empower consumers to decide how data are used and shared by broadband providers.” In the order, the FCC defines information protected under Section 222 for telecommunications carriers as “customer proprietary information (customer PI)”, to include the following: (1) individually identifiable Customer Proprietary Network Information (CPNI), (2) personally identifiable information (PII) and (3) content of communications. The FCC also adopts and explains its multi-part approach to determining whether data has been properly de-identified and is therefore not subject to the customer choice regime adopted by the FCC for customer PI. Much of the rules are modeled after FTC best practices and the White House Administration’s Consumer Privacy Bill of Rights.