Sens Urge Opt-In Regime for Broadband Privacy

Sen Ed Markey (D-MA) was joined by seven other senators in a letter to Federal Communications Commission Chairman Tom Wheeler calling on the FCC to apply privacy protections to broadband, including an opt in regime for Internet service providers using and sharing broadband consumer information. The FCC has opened an inquiry into how to do just that given that its reclassification of ISP's under Title II shifts that broadband network privacy oversight responsibility from the Federal Trade Commission. The senators said they supported the FCC's decision to apply common carrier regulations protecting proprietary customer information. Sen Markey and company praised that effort. Also signing on to the letter were Sens Richard Blumenthal (D-CT), Al Franken (D-MN), Patrick Leahy (D-VT), Ron Wyden (D-OR), Bernard Sanders (I-VT), Jeff Merkley (D-OR), and Cory Booker (D-NJ), and Elizabeth Warren (D-MA).
The senators had some specific directions for the FCC's inquiry:

• Adopt a comprehensive definition of “Customer Proprietary Network Information,” which should include data pertaining to consumers’ Internet usage, online activity, and broadband service payments.
• Ensure transparency around data collection by Internet service providers (ISPs).
• Require consumer consent before ISPs use and share consumer information.
• Protect consumers’ information by requiring ISPs implement strong data security measures and notify consumers in the event of a breach.
• Create a clear complaint process at both the FCC and ISPs for consumers who have evidence or reason to believe their privacy has been violated.