Ad Groups Respond to Proponents of Privacy Rule

ANA has joined with other advertising industry groups to file comments with the Federal Communications Commission (FCC) in response to opponents of our Petition for Reconsideration of the Commission’s broadband privacy rules. As we note in our filing, the opponents have failed to rebut the statutory weaknesses of the rules, including the fact that the rules are an unconstitutional restriction on free speech in violation of the First Amendment. The opponents also wrongly claim that the rules are consistent with the Federal Trade Commission’s (FTC) privacy approach. In fact, the former leadership of the FCC’s attempted power grab in the privacy arena last year represents a significant break with the FTC’s consistent privacy regulation framework. ANA believes that the FTC, not the FCC, should be the regulatory agency with oversight over online privacy. A third issue the opponents inappropriately raise is that a “regulatory gap” would exist if the FCC’s privacy rules are overturned. This is not true and the FCC’s previous statements have demonstrated this fact. ANA and the other signatories to our comments believe these onerous and unnecessary rules should be fully overturned, and we are hopeful that the Commission will incorporate our Petition for Reconsideration in its deliberations as it moves forward.