FCC Chairman Tom Wheeler has announced that a proposed rulemaking is being circulated among the Commissioners that would establish privacy and data security requirements applicable to providers of broadband Internet access service (BIAS). The Notice of Proposed Rulemaking (NPRM) itself will not be released to the public until the end of March when it is scheduled for a vote, but Chairman Wheeler released a summary of his proposal on Thursday.
In adopting the Open Internet Order, which reclassified BIAS as a telecommunications service subject to Title II of the Communications Act, the FCC determined that the privacy provisions of Section 222 of the Communications Act that govern how call detail and call record information are used and protected by providers of telecommunications services also would apply to BIAS providers. The Commission concluded, however, that its rules implementing the privacy provisions of that Title were ill-suited for broadband privacy, and opted to forbear from applying those rules to BIAS providers. Instead, the Commission stated that it would establish a new privacy framework applicable to BIAS providers, and last week’s announcement represents the start of that process. Continue Reading FCC Announces Broadband Privacy Proposal