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posted by martyb on Friday March 10 2017, @11:26AM   Printer-friendly
from the How-much-does-a-politician's-browsing-history-cost? dept.

Arthur T Knackerbracket has found the following story:

Back in 2014 over 3 million Internet users told the U.S. government loudly and clearly: we value our online security, we value our online privacy, and we value net neutrality. Our voices helped convince the FCC to enact smart net neutrality regulations—including long-needed privacy rules.

But it appears some members of Congress didn't get the message, because they're trying to roll back the FCC's privacy rules right now without having anything concrete ready to replace them. We're talking here about basic requirements, like getting your explicit consent before using your private information to do anything other than provide you with Internet access (such as targeted advertising).  Given how much private information your ISP has about you, strict limits on what they do with it are essential.

[...] Late last year, the FCC passed rules that would require ISPs to protect your private information. It covered the things you would usually associate with having an account with a major company (your name and address, financial information, etc.) but also things like any records they keep on your browsing history, geolocation information (think cell phones), and the content of your communications. Overall, the rules were pretty darn good.

But now, Senator Flake (R-AZ) and Representative Blackburn (R-TN) want to use a tool known as a Congressional Review Act [CRA] resolution to totally repeal those protections. The CRA allows Congress to veto any regulation written by a federal agency (like the FCC). Worse yet, it forbids the agency from passing any "substantially similar" regulations in the future, so the FCC would be forbidden from ever trying to regulate ISP privacy practices. At the same time, some courts have limited the Federal Trade Commission's ability protect your privacy, too.

With the hands of two federal agencies tied, ISPs themselves would be largely in change of protecting their customer's privacy. In other words, the fox will be guarding the henhouse.

[...] So please, take action and call your senator and representative today, and tell them not to use the CRA to repeal the FCC's privacy rules.

A story on Ars Technica notes:

As expected, Sen. Jeff Flake (R-Ariz.) and 23[sic] Republican co-sponsors introduced the resolution yesterday. The measure would use lawmakers' power under the Congressional Review Act [CRA] to ensure that the FCC rulemaking "shall have no force or effect." The resolution would also prevent the FCC from issuing similar regulations in the future.

Flake's announcement said he's trying to "protect consumers from overreaching Internet regulation." Flake also said that the resolution "empowers consumers to make informed choices on if and how their data can be shared," but he did not explain how it will achieve that.

Flake called the FCC's privacy rulemaking "midnight regulation," even though it was approved by the commission in October 2016, before the presidential election, after a months-long rulemaking process.

"The FCC's midnight regulation does nothing to protect consumer privacy," Flake said. "It is unnecessary, confusing, and adds yet another innovation-stifling regulation to the Internet." Flake's announcement also said that the FCC-imposed "restrictions have the potential to negatively impact consumers and the future of Internet innovation."

[...] Flake's co-sponsors are US Sens. John Barrasso (R-Wyo.), Roy Blunt (R-Mo.), John Boozman (R-Ark.), Shelly Moore Capito (R-W.Va.), Thad Cochran (R-Miss.), John Cornyn (R-Texas), Tom Cotton (R-Ark.), Ted Cruz (R-Texas), Deb Fischer (R-Neb.), Orrin Hatch (R-Utah), Dean Heller (R-Nev.), James Inhofe (R-Okla.), Ron Johnson (R-Wisc.), Mike Lee (R-Utah), Rand Paul (R-Ky.), Pat Roberts (R-Kan.), Marco Rubio (R-Fla.), Richard Shelby (R-Ala.), Dan Sullivan (R-Ark.), John Thune (R-S.D.), Roger Wicker (R-Miss.), Ron Johnson (R-Wisc.)[sic], and Jerry Moran (R-Kan.).

Sen. Edward Markey (D-Mass.) offered similar criticism. "Big broadband barons and their Republican allies want to turn the telecommunications marketplace into a Wild West where consumers are held captive with no defense against abusive invasions of their privacy by internet service providers," Markey said. "Consumers will have no ability to stop Internet service providers from invading their privacy and selling sensitive information about their health, finances, and children to advertisers, insurers, data brokers or others who can profit off of this personal information, all without their affirmative consent."

[Update: As pointed out by reader tangomargarine, Senator Ron Johnson (R-Wisc.) is listed twice in the list taken from Ars Technica. Reviewing the proposed resolution reveals Sen. Flake and 21 (not 23) co-signers. Further, Senator Jerry Moran (R-Kan.) is listed by Ars as being a signer, but his name is not listed on the resolution. --martyb]

-- submitted from IRC


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  • (Score: 0) by Anonymous Coward on Friday March 10 2017, @08:25PM

    by Anonymous Coward on Friday March 10 2017, @08:25PM (#477510)

    We can't trust people not to do those things either.