The FCC's Role in Protecting Online Privacy

Internet Service Providers are different. They are different from other online players like Apple, Facebook, or Google, both because of their unique role as Internet gatekeepers and because of the nature of the market for consumer-facing last mile Internet service. Their umbrella-like ability to capture individual interactions over the Internet and all aspects of an individual subscriber’s daily use patterns is notable. And unlike other actors in the Internet
ecosystem, wireline and wireless ISPs are always able to connect individual Internet use patterns to a subscriber’s real name, address, phone number, and billing history.

With its rulemaking authority, the FCC should set privacy baselines that help to define the minimum standards that Americans can expect from their ISPs. In the long run, the adoption of these basic rules will encourage more Americans to engage in the modern Internet by offering subscribers control over the personal data that they have no choice but to reveal to their common carriers. A clear regulatory framework will ensure that the Internet continues to grow as the essential communications network millions of Americans already recognize it to be—a network where free and open speech flourishes.