FCC’s Notice of Proposed Rulemaking Raises Privacy Issues

The Federal Communication Commission (FCC) recently adopted a Notice of Proposed Rulemaking (NPRM) regarding privacy guidelines for broadband internet service providers (ISPs). The NPRM results from the FCC's reclassification of broadband internet access service as a telecommunications service in the 2015 Open Internet Transparency Order, also known as "net neutrality." The new rules would apply the privacy requirements of Section 222 of the Communications Act for broadband ISPs and would impose new requirements intended to permit consumers to control how their data is used by ISPs.

The NPRM contains many potential controversial issues for advertisers, particularly regarding the collection and use of consumer data. The opt-in provisions that the FCC proposes are the most extensive and pervasive so far put forward in regard to privacy, except for sensitive sectors like financial or health data. These rules apply only to ISP’s; so-called “edge providers” would continue to be regulated under FTC privacy requirements.

ANA needs input from our members on how this NPRM will affect your business and on concerns you may have about the new regulatory power of the FCC. Please reach out to Dan Jaffe, Group EVP, Government Relations, at djaffe@ana.net or 202.296.2359.