The virtue of consistency in privacy protection

[Commentary] When multiple federal agencies regulate the same industry, it’s critically important that their rules and standards complement, rather than conflict, with one another. This principle is all the more important when consumer privacy in the ever-expanding world of broadband use is at stake. Unfortunately, the Federal Communications Commission’s pending privacy rulemaking threatens to sacrifice the virtues of consistent protection and put it out of sync with the Federal Trade Commission.

The challenge arises following the FCC’s action to adopt network neutrality rules. As a senior member of the House Energy and Commerce Committee, which oversees these policy areas, I strongly supported net neutrality. However, one unfortunate consequence of the FCC’s decision to classify Internet Service Providers (ISPs) as common carriers was that it eliminated the FTC’s longstanding authority to police the privacy practices of ISPs. While I agree it’s necessary to fix this problem, it’s not a reason to go overboard. There is no need for the FCC to reinvent the wheel here. By synchronizing its final regulations with the FTC’s successful privacy framework – including vital details like what information the FTC counts as sensitive and what
kinds of data uses will still require opt-in consent – the FCC can protect consumers’ privacy online in a lasting, durable and consistent way.

[Henry Waxman is a former House Commerce Commitee Chairman from California. He currently serves as Chairman of Waxman Strategies where he represents both technology companies and broadband providers.]