Earlier this week, Consumer Federation of America (CFA) and nearly sixty other organizations sent a letter to Tom Wheeler, Chairman of the Federal Communications Commission (FCC), urging him to begin a rulemaking process as soon as possible to protect the privacy of broadband Internet users. Now that the FCC has reclassified broadband as a “telecommunications service,” we believe that it has the authority, and the obligation, to go forward with broadband privacy rules.

Why is it so important for the FCC to act? As a fact sheet that consumer and privacy groups prepared explains, broadband Internet service is increasingly becoming an essential part of people’s lives. And broadband service providers, as gatekeepers to the Internet, have a unique and comprehensive view of where their customers go online and what they do. The FCC must act to ensure that broadband customers have control of their personal information, that it is not used or shared in ways that could have a chilling effect on speech and increase the potential for discriminatory practices, and that it is adequately secure from theft and abuse.

While the FCC has regulated privacy concerning telephone service for decades under Title II of the Communications Act, applying that authority to broadband Internet service would be new. It raises some interesting questions – for instance, what types of personal information about Internet use falls under definition of Customer Proprietary Network Information (CPNI)?

Under current FCC rules, CPNI includes the telephone numbers that we call, the times that we call them, and the particular services that we use to do so. Carriers must get our approval to share that information internally to try to sell us communications services that we don’t already have and with third parties for marketing purposes. Our colleagues at the Center for Democracy & Technology have created a very helpful memo and diagram to illustrate what kinds of information associated with broadband communications might be logical to define as CPNI. There are also other sections of the Communications Act that the FCC could use to protect broadband customers’ personal information and make sure that they are treated fairly.

Some argue that the Federal Trade Commission (FTC) should have sole authority for privacy. But the FCC has rulemaking authority, which the FTC lacks. In a recent speech, FTC Commissioner Julie Brill hailed the FCC as “the brawnier cop on the beat” on privacy and noted the good working relationship between the agencies. Last year the FTC and FCC cemented that relationship by signing an agreement to strengthen their cooperation on consumer protection matters.

FCC rulemaking would provide a great opportunity to make some real progress on Internet privacy. Let’s get going!