Revoke broadband privacy

House votes to revoke broadband privacy rules

By ALEX BYERS

House Republicans voted nearly unanimously Tuesday to revoke the FCC’s broadband privacy rules, sending legislation to the White House that would undo the federal government’s strongest-ever online privacy regulations.

Republicans passed the measure 215-205 over the fierce objections of Democrats, who are widely supportive of the President Obama-era regulations. Set to go into effect later this year, the rules would block internet service providers like Comcast and Verizon from using data on customers' web browsing and app habits for advertising without their consent.

Telecom industry groups and Republicans have been targeting the rules for months, saying they are too strict and unfairly hold ISPs to a tougher privacy standard than that faced by web companies like Google and Facebook.

“These rules are unnecessary and just another example of big government overreach,” said Rep. Marsha Blackburn (R-Tenn.), who led the legislative effort in the House.

The Senate passed the same Congressional Review Act resolution last week, and with the White House signaling its support for the measure, Republicans are poised to undo one of President Barack Obama’s top internet policy achievements. The FCC's previous Democratic majority approved the rules last October on a party-line 3-2 vote, after the agency gave itself more authority over broadband companies via its 2015 net neutrality rules.

Democrats and consumer groups strongly supported the rules, hailing them as the first government regulation to truly protect internet users from companies that seek to monetize their activity. Proponents of the rules said broadband providers, which operate the pipes through which internet traffic flows, require special privacy restrictions because they have a comprehensive view into people's movements across the web — and because changing providers can be difficult.

"Our broadband providers know deeply personal information about us and our families," said Minority Leader Nancy Pelosi. "Where we are, what information we want to know, every site we visit and more."

Republicans, however, called the rules an internet power grab and said they create an unfair playing field that favors tech giants like Google and Facebook, which have business models that rely heavily on user data but wouldn’t be affected by the FCC’s rules. GOP lawmakers also suggested that privacy oversight of broadband providers should be handled by the FTC, which generally affords companies more flexibility, instead of the FCC.

"These rules are applied unevenly, based on what type of company you are or what kind of technology you use," said Steve Scalise, the No. 3 Republican in the House.

Fifteen Republicans broke ranks with House leadership and voted against the resolution, including Justin Amash (R-Mich.) and Kevin Yoder (R-Kan.), who often speak out on privacy issues. No Democrat voted for the measure.

Democrats and consumer groups unsuccessfully tried to block the repeal effort, urging internet users to press Congress not to unravel them. But even with the repeal of the rules now likely, liberal groups are still trying to make Republicans pay politically for pursuing repeal. Tech activist group Fight For The Future said it will put up multiple billboards in Washington and in key districts across the country attacking congressional Republicans who voted to undo the privacy regulations.

"America, listen up today. There may not be that many people on the floor of the House, but this is a big one," Anna Eshoo said, describing the GOP effort as a "betrayal" of Americans on "one of the issues they care most about."

FCC Chairman Ajit Pai has previously suggested he wants the FCC to have privacy rules that are more flexible and akin to the FTC’s privacy approach, and if the Obama-era rules are rescinded, Pai could launch a rulemaking to create such regulations. But in a statement following the House vote, Pai indicated that he may focus instead on returning privacy oversight to the FTC, which he could pursue by repealing the FCC's net neutrality rules.

"I want the American people to know that the FCC will work with the FTC to ensure that consumers’ online privacy is protected though a consistent and comprehensive framework," Pai said. "In my view, the best way to achieve that result would be to return jurisdiction over broadband providers’ privacy practices to the FTC, with its decades of experience and expertise in this area."