Privacy Rules Overturned; Next Up, Title II?

The White House has already said President Donald Trump plans to sign the resolution using the Congressional Review Act to rescind the Federal Communications Commission's broadband privacy rules. That leaves an open question of how the agency and Congress will choose to address the issue in the future. In his reaction to the House vote, FCC Chairman Ajit Pai seemed to suggest his next step would be to undo Title II, rather than create new rules that align with existing ones at the Federal Trade Commission.

Title II classified broadband internet access service providers as common carriers and put them under the FCC's regulatory jurisdiction. It's the same policy that bolsters the network neutrality rules, meaning revoking Title II could be tied to rolling back net neutrality. House Commerce Committee Chairman Greg Walden (R-OR) is in step with Chairman Pai on leaving privacy to the FTC. "I hope the FCC will take up and review what was done under the Wheeler regime on Title II," he said, referencing the previous FCC chairman. "Repealing Title II solves the whole problem. I think we gotta get this back to where we can legislate in this space, and take the bill we drafted a few years ago that would put into statute prohibitions on bad behavior, on throttling, and paid prioritization and blocking, there's bipartisan agreement on that. But when the Obama administration forced the FCC to go straight to Title II, that created all these problems."


Privacy Rules Overturned; Next Up, Title II?