Broadband industry groups fire salvo in FCC privacy fight

Some of Washington’s most prominent trade groups want to dissuade Federal Communications Commission Chairman Tom Wheeler from significantly changing the way data privacy issues are regulated for Internet service providers. The groups argue that any new privacy regime for Internet providers stemming network neutrality rules should reflect the way the Federal Trade Commission currently handles privacy concerns. The seven signatories to the letter — CTIA, USTelecom, the Consumer Technology Association, the National Cable and Telecommunications Association, the American Cable Association, the Competitive Carrier Association and the Internet Commerce Coalition — are trade groups that represent a wide range of companies, from cable providers like Comcast to wireless providers like AT&T, with a stake in the broadband business.

“If the courts determine that the FCC has authority to regulate broadband privacy, we encourage you to develop a framework that offers consumers robust privacy protection, while at the same time allowing broadband providers to continue to innovate and compete,” they said in the letter. “We recommend that any FCC framework be consistent with the successful FTC approach, which is grounded on prohibiting unfairness and deception.” They say in the letter that keeping an FCC proposal consistent with the FTC’s standards “will continue to provide Internet service providers with the flexibility to update their practices in ways that meet the evolving privacy and data security needs of their customers and ensure they can provide their customers new products and customized services.” “Rules dictating specific methods quickly become out of date and out of step with constantly changing technology, and will only hamper innovation and harm consumers." They argue that having similar regulations for Internet providers, which are governed under the new rules by the FCC, and other tech companies that answer to the FTC, would prevent consumers from having to deal with a complex system involving two regulators.