Senators Prepare to Kill Broadband Privacy Protections

ISPs and the politicians that love them are wasting no time in killing broadband consumer privacy protections. The rules were passed by the FCC last year, and while the broadband sector engaged in a lot of pearl-clutching about over the restrictions they're relatively basic -- requiring that ISPs inform broadband customers what's being collected, who it's being sold to, with the option to opt out if desired. In a few instances, the rules require users opt in to more personal data collection.

The rules are useful for broadband customers that, unlike services from Google and Facebook, often can't protest bad privacy practices by switching ISPs due to a lack of competition.

But companies like Verizon see the rules as an impediment to their attempt to pivot into advertising to Millennials.

To that end, large ISPs have pressured Senator Jeff Flake and Representative Marsha Blackburn to support a resolution that will roll back the FCC’s broadband privacy rules via the Congressional Review Act, which allows Congress to eliminate agency rules (if they were passed relatively recently) with a simple majority vote.

ISPs have tried to argue that the consumer protections would "confuse" consumers.

"Amongst other flaws, the FCC Order would create confusion and interfere with the ability of consumers to receive customized services and capabilities they enjoy and be informed of new products and discount offers," telecom lobbying groups proclaimed in a letter from January. "Further, the Order would also result in consumers being bombarded with trivial data breach notifications."

It's worth noting that ISPs likely could have avoided the rules altogether if they hadn't pushed their luck on the privacy front. The FCC acted only after Verizon began modifying user packets to covertly track users around the internet -- without notifying them or providing working opt out tools. The FCC was also concerned about AT&T and Comcast's plans to charge broadband customers more money to have their privacy protected.

Needless to say, consumer advocacy groups haven't been impressed by how quickly the Senate has rushed to do the direct bidding of large broadband providers.

"Nothing in this election changed Americans' fundamental rights, or their need for privacy," Free Press Policy Director Matt Wood recently said of the effort. “The election only gave more power to the party that would seemingly rather side with Comcast and other cable lobbyists than with their own constituents."