Congress takes First Step in Repealing FCC Privacy Rules

March 23, 2017

The U.S. Senate has taken a key first step in acting to overturn the Federal Communications Commission’s (FCC) onerous broadband privacy rules passed last year. Today, the Senate voted 50-48 to pass a Congressional Review Act (CRA) measure to suspend the FCC’s rules. This is an important and very positive development. ANA and the ad community strongly opposed the original rule as harmful to business and the public. We believe categorizing enormously broad swaths of data as ‘sensitive” is completely at odds with our Digital Advertising Alliance (DAA) self-regulatory program and the Federal Trade Commission’s current opt-out approach for all other entities acting in the online space. In our numerous filings, we stated that the rule would require a bombardment of opt-in notices to consumers, which would be highly annoying, disruptive, and unhelpful.

ANA and our industry partners have called on the Congress to use the CRA to abrogate the rule. Today’s Senate vote clearly is a major step in the right direction, but this is still only a first step. We now hope the House takes up this legislation and votes to finish the job quickly so that the online ecosystem can continue to thrive and provide a viable platform for commerce.

ANA’s Dan Jaffe, Group EVP for Government Relations, will be covering this topic and many others in an update on “The New Washington” at the ANA Advertising Law & Public Policy Conference, which will be held March 28-29 in Washington, DC.  


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