In a letter to Federal Communications Commission (FCC) Chairman Ajit Pai, CFA and other public interest groups warn that the FCC’s proposal to return broadband privacy jurisdiction back to the Federal Trade Commission (FTC) would leave consumers with inadequate privacy protections on broadband networks. The FCC has long recognized that broadband is the essential communications service of the 21st century. Americans rely on broadband for basic communications, education, employment, healthcare, news and information, and civic engagement. Because broadband is so critical to everyday life, consumers expect and deserve adequate protections when accessing these networks including a standard level of privacy. Section 222 of the Telecommunications Act of 1996 gives the FCC the appropriate statutory framework to protect consumer broadband privacy given the unique role broadband service providers have in the internet ecosystem. The FCC’s proposal to return broadband privacy jurisdiction to the FTC would leave consumers with inadequate privacy protections on broadband networks. The FTC’s lack of rulemaking authority combined with the constraints of section 5 make it insufficient to protect consumer broadband privacy.
