Cable Operators Offer Up Privacy Framework

The National Cable & Telecommunications Association and American Cable Association have joined with other trade and tech groups to offer up what is being billed as a consensus privacy framework outlining guiding privacy principles. In essence, the framework is an articulation of NCTA's argument that rather than come up with new rules and regulations, the Federal Communications Commission should, as the new proposal says, "[pursue] reasonable enforcement actions against telecommunications service providers that have clearly violated these principles." That is the Federal Trade Commission model.

The FTC has enforcement authority but very limited authority to promulgate new regulations. The proposal, which was offered up in a letter to FCC Chairman Tom Wheeler comes as the FCC prepares a proposal on how to oversee broadband subscriber privacy—a new authority under its Title II reclassification—as it currently does traditional video customer network proprietary information (CPNI). A vote on that proposal could come as early as this month's public meeting. NCTA and ACA, joined by USTelecom, CTIA and the Competitive Carriers Association, said the FCC should focus on four things: "(1) transparency; (2) respect for context and consumer choice; (3) data security; and (4) data breach notification."