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The FCC Blocks New Internet Privacy Rule

<p class&equals;"MsoNormal" style&equals;"text-align&colon; left&semi;" align&equals;"center">The new Federal Communications Commission &lpar;FCC&rpar; under chairman Ajit Pai voted last week to block one of the broadband privacy rules&period;<&sol;p>&NewLine;<p class&equals;"MsoNormal">&ldquo&semi;The new rule&comma; which had been scheduled to take effect Thursday&comma; would have required internet service providers and phone companies to take &&num;8220&semi;reasonable&&num;8221&semi; steps to protect customers&&num;8217&semi; information from theft and data breaches&comma; and provide notifications if they did occur&comma;&rdquo&semi; writes <em style&equals;"mso-bidi-font-style&colon; normal&semi;">Consumer Reports&period;<&sol;em><&sol;p>&NewLine;<p class&equals;"MsoNormal">Pai said the move was done so the Federal Trade Commission &lpar;FTC&rpar; could revaluate how they regulate the internet&period;<&sol;p>&NewLine;<p class&equals;"MsoNormal">&&num;8220&semi;After all&comma; Americans care about the overall privacy of their information when they use the Internet&comma; and they shouldn&rsquo&semi;t have to be lawyers or engineers to figure out if their information is protected differently depending on which part of the Internet holds it&comma;&rdquo&semi; said Pai and acting FTC head Maureen Ohlhausen in a joint statement&period;<&sol;p>&NewLine;<p class&equals;"MsoNormal">This rule was approved late last year&comma; along with other broadband privacy rules by the agency when it was under Chairman Tom Wheeler&comma; a Democrat&period;<&sol;p>&NewLine;<p class&equals;"MsoNormal">Many large companies in the telecom industry have been opposed to these rules stating that they are an unnecessary burden for internet service providers &lpar;ISP&comma;&rpar; while Google and Facebook have much less privacy regulations to abide by&period;<&sol;p>&NewLine;<p class&equals;"MsoNormal">But&comma; proponents of the rule argue that now consumers are unprotected&period;<&sol;p>&NewLine;<p class&equals;"MsoNormal">&&num;8220&semi;The upshot is that a rule would have gone into effect today that would have made sure consumers&&num;8217&semi; personal data would be protected&comma;&&num;8221&semi; said Gigi Sohn&comma; a former counselor to Wheeler&period; &&num;8220&semi;It wasn&&num;8217&semi;t exactly a very burdensome requirement either&comma; they just had to take &&num;8216&semi;reasonable&&num;8217&semi; measures&period; But now &lbrack;consumers&rsqb; are completely and totally unprotected&period;&&num;8221&semi;<&sol;p>&NewLine;<p class&equals;"MsoNormal">Pai and Ohlhausen claim they want to create privacy rules that impact all service providers like AT&amp&semi;T&comma; Comcast and Google&period;<&sol;p>&NewLine;<p class&equals;"MsoNormal">&&num;8220&semi;We believe that the best way to do that is through a comprehensive and consistent framework&comma;&&num;8221&semi; said Pai and Ohlhausen in the joint statement last Wednesday&period;<&sol;p>&NewLine;<p class&equals;"MsoNormal">The privacy issue is especially complicated since there is major confusion over what the FTC and FCC can regulate&period;&nbsp&semi;<&sol;p>&NewLine;<p class&equals;"MsoNormal">&&num;8220&semi;There is a potential gap right now in the jurisdiction of the two agencies&comma; which Congress ought to remedy by removing the so-called common carrier exemption&comma; and then the FTC would have authority over all of the providers in the internet ecosystem&comma;&&num;8221&semi; said Randolph May&comma; president of the Free State Foundation&comma; who is in support of blocking the rule&period; &nbsp&semi;<&sol;p>&NewLine;<p class&equals;"MsoNormal">Pai and Ohlhausen expressed similar sentiments&period;<&sol;p>&NewLine;<p class&equals;"MsoNormal">&&num;8220&semi;Two years after the FCC stripped broadband consumers of FTC privacy protections&comma; some now express concern that the temporary delay of a rule not yet in effect will leave consumers unprotected&period; We agree that it is vital to fill the consumer protection gap created by the FCC in 2015&comma; and today&&num;8217&semi;s action is a step toward properly filling that gap&period; How that gap is filled matters&comma; it does not serve consumers&&num;8217&semi; interests to create two distinct frameworks &mdash&semi; one for Internet service providers and one for all other online companies&comma;&rdquo&semi; said Pai and Ohlhausen&period; &&num;8220&semi;We still believe that jurisdiction over broadband providers&&num;8217&semi; privacy and data security practices should be returned to the FTC&comma; the nation&&num;8217&semi;s expert agency with respect to these important subjects&period; All actors in the online space should be subject to the same rules&comma; enforced by the same agency&period;&&num;8221&semi;<&sol;p>&NewLine;<p class&equals;"MsoNormal"><strong>Author&rsquo&semi;s note&colon;<&sol;strong> Although&comma; we are wary of any of the Obama Administration&rsquo&semi;s former regulations and their ability to actually be effective&period; After 8 years of promises to create a secure internet&comma; it is not even close&period; However&comma; we are strong proponents of maximum privacy&period; We believe that these companies should be held accountable when they make their data easily accessible and don&rsquo&semi;t take care of it&period;<&sol;p>&NewLine;<p>&nbsp&semi;<&sol;p>&NewLine;

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