Examining the Proposed FCC Privacy Rules

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The Senate Subcommittee on Privacy, Technology and the Law held a hearing, "Examining the Proposed Federal Communications Commission Privacy Rules". At the hearing, FCC Chairman Tom Wheeler told Sens that his broadband privacy proposal was an effort to extend traditional network privacy protections to the Internet and not a grab of new authority. Chairman Wheeler was one of four witnesses on what Subcommittee Chairman Jeff Flake, (R-AZ) called the "perfect" panel. The others were Federal Trade Commission Chairwoman Edith Ramirez, FCC Commissioner Ajit Pai, and exiting FTC Commissioner Maureen Ohlhausen.

Most of the questioning came from Chairman Flake and Ranking Member Al Franken (D-MN). Chairman Flake pointed out the FCC had created the privacy vacuum with its Title II reclassification—the FTC used to have authority over Internet service providers—and was filling it with static rules for a dynamic ecosystem. By comparison, Ranking Member Franken waxed rhapsodic about the Open Internet order, calling it one of the highlights of his political life. Ranking Member Franken suggested that both the edge and ISPs needed watching on the privacy front but conceded he thought the FCC needed to specifically address broadband privacy with rules. Ranking Member Franken detoured into a sharp criticism of Commissioner Pai for suggesting that Chairman Wheeler had once said the FCC could not prevent paid prioritization. Chairman Wheeler countered that the FCC had prohibited paid prioritization in the Open Internet order. Sen Orrin Hatch (R-UT) made an early exit but before doing so said he had problems with the proposal, as well as with the FCC's Charter/Time Warner Cable conditions. He said he shared Commissioner Pai's criticism that they were not deal-specific and were a form of tribute from the companies to earn the FCC's approval.


Examining the Proposed FCC Privacy Rules Statement by FCC Chairman Wheeler (Wheeler Statement) Testimony by FCC Commissioner Ajit Pai (Pai Testimony) FTC Testifies on Its Privacy Protection Efforts at Hearing Examining Proposed FCC Rules (FTC press release) Senators Vet FCC Broadband CPNI Proposal (B&C) FCC chair defends privacy proposal before lawmakers (The Hill)