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
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FTC and FCC Outline Memorandum of Understanding to Coordinate Online Consumer Protection Following Adoption of the FCC’s Restoring Internet Freedom Order
Yesterday, the Federal Trade Commission (FTC) and Federal Communications Commission (FCC) announced their intent to coordinate which of the two agencies would coordinate online consumer protection efforts following the adoption of the Restore Internet Freedom Order, and published a draft Memorandum of Understanding (MOU) that outlines those efforts.
The draft MOU outlines a number of…
Trump Signs Repeal of FCC’s Internet Privacy Rule
On April 4, 2017, President Trump signed legislation repealing the Federal Communications Commission’s (FCC) privacy protections adopted in October 2016. The regulations, set to go into effect later this year, would have required internet service providers (ISPs) to adopt stricter consumer privacy protections than websites like Google and Facebook. Among other things, the regulations would…
FTC and FCC Chairmen Issue Joint Statement on FCC’s Stay of Broadband Privacy
Today, acting FTC Chairman Maureen K. Ohlhausen and FCC Chairman Ajit Pai issued a joint statement on the FCC’s issuance of a temporary stay of a data security regulation for broadband providers scheduled to take effect on March 2. In their statement, they advocate for a “comprehensive and consistent framework”, so that Americans do not…
FCC Adopts Privacy Rules Protecting Broadband and other Telecommunications Customers
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.
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